Moran v. Versailles Traction Co.

Supreme Court of Pennsylvania November 14, 1898

Moran v. Versailles Traction Co., 188 Pa. 557 (Pa. 1898)

41 A. 652; 1898 Pa. LEXIS 647

Dean, Fell, Green, McCollum, Mitchell, Williams

Opinion of the Court

Per Curiam,

There was evidence that the boy intended and attempted to get off the car at the Twelfth street crossing, but was prevented from doing so by the fact that the car did not stop long enough for him to do so. Whether there was negligence in this respect was necessarily for the jury. There was also conflicting evidence as to whether he was jolted from the car, or fell off or jumped off, and this matter also required the determination of the jury. In these circumstances the court could not withdraw the case 'from the jury.

Judgment affirmed.

Reference

Full Case Name: Cornelius Moran, by his father and next friend, John Moran, and John Moran v. The Versailles Traction Company
Cited By: 18 cases
Status: Published
Syllabus: Negligence — Street railways — Alighting from car — Child of tender age. In an action against a street railway company to recover damages for personal injuries to a boy eight years old, incurred while alighting from a car, the case is for the jury where there was evidence that the boy intended and attempted to get off the car at a crossing, but was prevented from doing so by the fact that the car did not stop long enough for him to do so, and where there was also conflicting .evidence as to whether he was jolted from the car, or fell off or jumped off.