81 Pa. Super. 120 | Pa. Super. Ct. | 1922
Argued October 16, 1922.
This action was brought by the plaintiffs to recover damages for the loss of their son aged about five years who was run over and killed by a motor truck of the defendant. The accident occurred on Orleans Street between Eleventh Street and Germantown Avenue in the City of Philadelphia. The street is narrow and extends through one block; it has no street car line; the buildings on each side are occupied as residences. The accident occurred between eleven and twelve o'clock in the forenoon, at which time a number of small children were playing in the street and on the sidewalk. Mrs. Hook was sitting with her little boy on the doorstep where she left him to get a drink of water for him. When she returned the accident had occurred. There was evidence that the car was moving at a speed of 18 or 20 miles an hour; that the driver had an unobstructed view of the street from the time he turned into Orleans Street from Eleventh Street and that he did not give warning of his approach. No evidence was offered for the defense — the contention being that the plaintiffs' evidence was not sufficient to make out a case. The court refused to give binding instructions or to enter judgment non obstante veredicto, and this action is sufficiently supported by authority. A discussion of the law applicable to such occurrences and particularly of the duty of the driver of a vehicle to observe due care where small children are congregated on the street or sidewalk may be found in Mulheren v. Phila. Homemade Bread Co.,
The objection that there was no evidence of the probable cost of boarding and clothing the son during his minority nor evidence of the condition in life of the parents and therefore no evidence to support a claim for damages does not sustain the request for binding instructions. The verdict was for $450. It was assumed, as shown by the charge of the court, that the child was about five years of age — the father and mother were witnesses. A photograph exhibited their home and the homes of those living in the neighborhood from which some evidence of their condition in life might be drawn by the jury. It was said in Hoon v. Traction Co.,
The assignments are overruled and the judgment affirmed. *124