Woeckner v. Erie Electric Motor Co.

Citations

• 182 Pa. 182
• 37 A. 936
• 1897 Pa. LEXIS 789

Syllabus

<p>Negligence — Parent and child — Measure of parent's damages for injury to child.</p> <p>In an action by a parent to recover loss occasioned by the injury of his child the measure of damages is the pecuniary loss to him. The elements to be considered in assessing the damages are the expenses which he has incurred or is likely to incur in the support of the child on account of the injury, and the loss which will probably result to him from the decrease in the earnings of the child, to which he is entitled; but the increased inconvenience and trouble thereby caused to other members of the family cannot be considered.</p> <p>Negligence — Parent and child — Duly of parent to guard child.</p> <p>To permit a child who is not of an age to understand and avoid danger to wander on the streets of a city unattended is such negligence on the part of parents as will defeat a recovery by them.</p> <p>In an action by a parent to recover damages for personal injuries to a child of tender age, it appeared that the child, in charge of an elder sister old enough to be a reasonably competent care-taker, had been allowed to cross a street, and after returning to the door of her father’s house, the child disobeyed the direction of her sister to follow her and, unobserved, ran into the street. Her escape was known in a moment, and an elder brother was sent after her. She was injured before he could reach her. Held, (1) that the question whether the parents had exercised proper care at the time of the accident was for the jury; (2) that, in the absence of evidence that the child on this occasion was doing what she had been Habitually permitted to do, it was not error to exclude testimony to show that the child had been allowed on other occasions to play on the streets unattended.</p>