Thompson v. United Traction Co.

Supreme Court of Pennsylvania November 6, 1899

Thompson v. United Traction Co., 193 Pa. 555 (Pa. 1899)

44 A. 558; 1899 Pa. LEXIS 1164

Brown, Fell, Green, McCollum, Mitchell

Opinion of the Court

Per Curiam,

These two cases were consolidated and tried as one. The actions were brought to recover damages for injuries to the boy, Alexander H. Thompson, while crossing the street at a public crossing. Several witnesses testified that when the boy started to cross the street he was but eight feet from the track and was in full view of the motorman on the car, and also that the car was then sixty-five to seventy feet distant from the crossing. The question of the negligence of the motorman in not stopping or slacking his car sufficiently to avoid a collision was necessarily submitted to the jury, who found for the plaintiffs. There was no error in the charge and answers.

Judgment affirmed.

Reference

Full Case Name: William T. Thompson and Alexander H. Thompson, by his father and next friend, William T. Thompson v. United Traction Company
Status: Published
Syllabus: Negligence—Street railways—Infant—Province of court and jury. In an action against a street railway company to recover damages for injuries to a boy ten years old, inflicted while crossing a street at a public crossing, the question of the motorman’s negligence in not slacking the speed of the car is for the jury where several witnesses testify that when the boy started to cross the street he was but eight feet from the track and was in full view of the motorman on the ear, and that the car was then sixty-five to seventy feet distant from the crossing.