Walsh v. Pittsburg Railways Co.
Citations
- 221 Pa. 463
- 70 A. 826
- 1908 Pa. LEXIS 514
Syllabus
<p>Negligence — Electric power company — Defective cable — Infant—Trespasser — Case for jury.</p> <p>There is a duty to a trespasser not to injure him intentionally or wantonly by any act to expose him to danger.</p> <p>In an action by a girl nearly nine years old against an electric power company to recover damages for personal injuries, it appeared that the plaintiff went upon a lot owned by the defendant on which was an electric power house which operated a wire cable on a railroad track constructed over the lot. At the time of the accident plaintiff was standing on the track near the cable. While she was standing there, an employee of the defendant passed along very close to her, entered the power house, and in a few seconds the machinery was put in motion and the cable started. As it moved it was raised a foot or two from the ground. It was worn and frayed, and at places loose ends of wire stuck out. It caught the plaintiff's dress, and she was injured thereby. The lot where the accident occurred was at times used by children who lived in the neighborhood as a playground, and plaintiff was attracted to the spot where she was injured, by a fight in which some boys were engaged. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>
Judges: Brown, Eell, Elkin, Fell, Mestrezat, Potter, Stewart
Read full opinion on CourtListenerCited by
11 cases in this archive cite this case.
- Lyttle v. Harlan Town Coal Co.Court of Appeals of Kentucky· 1915-12-14· cited 27×
- Leithold v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania· 1911-07-13· cited 11×
- Balser v. YoungSuperior Court of Pennsylvania· 1919-07-17· cited 9×
- Daniels v. Hilman Coal & Coke Co.Supreme Court of Pennsylvania· 1924-01-07· cited 4×
- Rumovicz v. Scranton Electric Co.Superior Court of Pennsylvania· 1910-12-12· cited 2×
- Feudale v. HinesSupreme Court of Pennsylvania· 1921-07-01· cited 1×
- Trevethan v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania· 1913-02-27· cited 1×
- Saar v. American Glass Specialty Co.Superior Court of Pennsylvania· 1913-10-13· cited 1×
- Paget v. Girard Trust Co.Superior Court of Pennsylvania· 1910-12-12
- Geltzer v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania· 1913-10-13
- Grabenc v. Union Pac. R. Co.Tenth Circuit· 1933-11-27
Cites
2 cases in this archive are cited by this case.
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