Tatarewicz v. United Traction Co.

Citations

• 220 Pa. 560
• 69 A. 995
• 1908 Pa. LEXIS 816

Syllabus

<p>Negligence — Street railways — Infant—Duty of motorman.</p> <p>If a motorman sees a child in a place of danger, or has reason to apprehend that the child may run into a place of danger, and there is sufficient time to stop the car if under proper control, it is his duty to do so, and if the car is not under proper control, or if the motorman neglects to stop it in time if under control, and the child is injured, the railway company will be liable.</p> <p>In an action against a street railway company to recover damages for injuries to a child of tender years, the case is for the jury, where the evidence shows that the motorman saw the child running towards the tracks when the car was from forty to sixty feet away from the point of the accident, and that the car, if it had been traveling at an ordinary rate of speed, could have been stopped within twenty to twenty-five feet.</p>