Wilson v. Penna. R.

Citations

• 132 Pa. 27
• 18 A. 1087
• 1890 Pa. LEXIS 762

Syllabus

<p>(a) In an action against a railroad company to recover damages for personal injuries to the plaintiff, about ten years old at the time, there was testimony that the accident occurred at a public crossing about 400 feet from a sharp curve in the track; that the hat of plaintiffs sister had blown upon the track, and after looking and listening, and neither seeing nor hearing an approaching train, he had followed to get it.</p> <p>(&) Witnesses for the plaintiff testified that no bell was rung, or whistle sounded. The trainmen of defendant company, however, testified that the bell was rung and the whistle blown, and that the breaks were thrown on with full power before the boy was struck, as he was stooping with his back to the train in the act of lifting up the hat of his sister:</p> <p>1. In such case, talcing into view the time, place and circumstances of the injury complained of, and the tender years of the boy, the case was clearly for the jury on all the evidence before them, and it was not error to refuse to direct the jury to return a verdict in favor of the defendant.</p> <p>2. There being evidence that at the time of the trial, more than three years after the accident, the plaintiff was suffering from pains in his head, it was not error to charge that he had a right to claim compensation for the injury, ‘-and if you are satisfied that it is of a permanent nature of course that is also to be considered.”</p>