Severino v. Philadelphia Rapid Transit Co.

Supreme Court of Pennsylvania April 29, 1912

Severino v. Philadelphia Rapid Transit Co., 236 Pa. 258 (Pa. 1912)

84 A. 694; 1912 Pa. LEXIS 744

Brown, Elkin, Fell, Potter, Stewart

Opinion of the Court

Per Curiam,

This action was to recover for injuries sustained by a boy between eight and nine years old, whose foot *259was run over by a wheel of the defendant’s car. The accident happened near the middle of a block and at least seventy-five feet from the nearest cross-street. The boy ran or walked from the pavement directly in front of an approaching car, and when he reached the track, he was within ten or fifteen feet of the car. There was no evidence of undue speed nor of inattention on the part of the motorman. The car was stopped within five feet of the place Where the boy was struck by the fender. The nonsuit was properly entered.

The judgment is affirmed.

Reference

Cited By: 2 cases
Status: Published
Syllabus: N egligence — Street — Railways—Infants. In an action against a street railway company to recover damages for personal injuries to a boy between eight and nine years of age, run over by one of defendant’s cars, a nonsuit is properly entered where the evidence shows that the accident happened near the middle of a city block, that the boy ran or walked from the pavement directly in front of the car, and when he reached the track was within ten or fifteen feet of the car; that the car was stopped within five feet of the place where the boy was struck, and that there was no evidence of undue speed nor inattention on the part of the motorman.