Landy v. Hamilton

Supreme Court of Pennsylvania April 27, 1908

Landy v. Hamilton, 221 Pa. 50 (Pa. 1908)

69 A. 1121; 1908 Pa. LEXIS 431

Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

Opinion of the Court

Per Curiam,

The plaintiff, a child eight and a half years old, started to cross the street, not at a public crossing, and met a wagon, which drew up to let her pass, and immediately beyond she was struck by the defendant’s wagon, going in the same direction. There was no evidence of defendant’s negligence except the child’s expression that the horse flew past “like a bird. ” It would be unsafe to base a verdict on anything so indefinite.

Judgment affirmed.

Reference

Status: Published
Syllabus: Negligence — Child—Wagon—Nonsuit. In an action to recover damages for personal injuries to a child eight and one-half years old, a nonsuit is properly entered where the evidence shows that the child started to cross a street not at a public crossing, and met a wagon, which drew up to let her pass, and immediately beyond she was struck by defendant’s wagon going in the same direction, and there is no evidence of defendant’s negligence, except the child’s expression that the horse flew past “.like a bird.”