Kroesen v. New Castle Electric Street Railway Co.
Supreme Court of Pennsylvania
Kroesen v. New Castle Electric Street Railway Co., 198 Pa. 30 (Pa. 1901)
47 A. 851; 1901 Pa. LEXIS 728
Brown, Fell, McCollum, Mestrezat, Mitchell, Potter
Kroesen v. New Castle Electric Street Railway Co.
Opinion of the Court
Opinion by
This appeal was argued with No. 78 in which the opinion of the court, deciding that there was sufficient evidence of the motorman’s negligence to take the case to the jury, has been filed. The testimony was the same in both cases and we find nothing in it which would warrant the withdrawal of the case from the jury on the ground that the plaintiff was negligent in not selecting a proper caretaker for his child or that the person in whose care she was placed was under the circumstances negligent.
The judgment is affirmed.
Reference
- Full Case Name
- Kroesen v. New Castle Electric Street Railway Company
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- 3 cases
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- Syllabus
- Negligence—Infant of tender years—Parents— Contributory negligence— Province of court and jury. In an action against a street railway company to recover damages for personal injuries to a child four years old, the question of the parent’s contributory negligence is for the jury, where the evidence shows that before the child went upon the cartway of the street, where it was injured by a car, it was seated in a chair on the sidewalk, that its mother was at an open window about twenty-five feet away, and that the child’s nurse was standing on the pavement not far from the child.