Hoff v. Ward Baking Co.

Superior Court of Pennsylvania
Hoff v. Ward Baking Co., 70 Pa. Super. 235 (1918)
1918 Pa. Super. LEXIS 219
Head, Henderson, Kephart, Orlady, Porter, Trexler

Hoff v. Ward Baking Co.

Opinion of the Court

Opinion by

Trexler, J.,

We think the learned trial judge correctly entered judgment for the defendant n. o. v. When the employee of the defendant crossed the street on which the boys were coasting, he was not required to anticipate that the *238sled upon which, the boys were would get beyond their control, and run into the rear of his wagon. There was space back of the wagon for the sled to pass, but the boy who was steering testified that he was unable to deflect his sled so as to escape the wagon. The rapid driving of the vehicle did not cause the injury. Had the wagon been driven at greater speed the boys would have passed unhurt. “Assuming that the driver when he arrived at the corner, could have seen the boys at a considerable distance up the hill coasting down toward him, was he obliged to anticipate the possibility of their steering their sled into his wagon?” Eastburn v. United States Exp. Co., 225 Pa. 33.

As was said by the learned trial judge, “We are of opinion that nothing which the driver of the wagon could have seen before coming to the street would indicate anything more to him than that boys were playing on Mill-vale street, or would require him to stop before coming to it or oblige him to anticipate the possibility of their running into his wagon.”

Judgment affirmed.

Reference

Full Case Name
Hoff v. Ward Baking Company
Cited By
4 cases
Status
Published
Syllabus
Negligence — Collision between wagon and sled — Boys coasting. The driver of a wagon cannot be charged with negligence in causing the death of a boy seven years old at a crossing, where it appears that the boy at the time of the accident was riding on a sled back of another boy who was guiding it; that the lads were coasting down a steep cross-street; that the boy who was guiding the sled was not able to deflect it, so that it struck the rear of the wagon; and that there was space back of the wagon sufficient for the sled to have passed if it had been deflected.