Slavin v. Northern Cambria Street Railway Co.

Citations

• 47 Pa. Super. 454
• 1911 Pa. Super. LEXIS 179

Syllabus

<p>Negligence — Street railways — Infant—Negligence of motorman.</p> <p>1. In an action against a street railway company to recover damages for injuries to a child two years old, the case is for the jury, where the evidence for the plaintiff tends to show that the motorman had a view of the child close to the tracks when his car was ninety feet away, that this view was unobstructed, that the father of the child signaled the motorman to stop when the car was ninety feet away, and that the child by a movement had indicated an intention tp cross the track and had gone back, which movement the motorman had seen.</p> <p>Practice, C. P. — Trial—Charge—Mistake of court — Appeal.</p> <p>2. A party may not sit silent and take his chances of a verdict, and then if it is adverse, complain of a matter, which if an error, would have been immediately rectified by the trial judge, and made harmless.</p>