Supreme Court of Pennsylvania, 1898

Mulcahy v. Electric Traction Co.

Mulcahy v. Electric Traction Co.
Supreme Court of Pennsylvania · Decided April 11, 1898 · Dean, Gbeen, Mitchell, Pell, Williams
185 Pa. 427; 39 A. 1106; 1898 Pa. LEXIS 734

Mulcahy v. Electric Traction Co.

Opinion of the Court

Per, Curiam,

It was clearly established by the testimony of the plaintiffs that the accident was occasioned by the boy suddenly running against the car, or upon the track immediately in front of the car. He was sixteen years of age, and responsible for his acts. There was no opportunity for the motorman to prevent the collision, and in such circumstances, as we have many times held, there can be no recovery.

Judgment affirmed.

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