247 Pa. 347 | Pa. | 1915
Opinion by
This was an action to recover damages for injuries to
The evidence produced by the defendant tended to show that the child suddenly darted from the pavement in front of the car and was hurt without any negligence on the part of the motorman. In deciding this appeal, however, we shall pay no heed to the testimony presented by the defendant, but confine our attention exclusively to that relied upon by the plaintiffs. In other words, for present purposes, we take the negligence of the defendant as conceded and look at the evidence in the light most favorable to the plaintiffs. When the case is thus reviewed, these facts plainly appear: P. Rapaport resided with his wife and family in the City of Pittsburgh on a street which was traversed by a double line of electric cars; on the evening of April 11, 1911, between seven and eight o’clock, “about dusk,” when the street lamps were lighted, their boy, Israel, a child three and one-half years old, was on the front pavement of his parents’ house; an older brother gave him a penny, whereupon he looked up to his mother who was sitting at the second story window and asked permission to cross to a candy shop on the other side of the street; although Mrs. Rapaport saw one of the electric cars of the defendant company standing not more, and possibly much less, than 100 feet away, yet she granted permission to this young child to cross the street; the mother was in charge
In Cramer v. Aluminum Co., 239 Pa. 120, 125, we recently said, “Where the issue of contributory negligence has been submitted to the jury, a finding in favor of the plaintiff will not be set aside unless, upon a review of the evidence in the light most favorable to the plaintiff, it is inconceivable that a mind desiring only a just arid proper determination of the question could reasonably reach any other conclusion than' that the plaintiff had brought about or . contributed to the injury by his own carelessness. That is, after determining all doubts and drawing all inferences in favor of the plaintiff, it must
The assignments of error are sustained; judgment is reversed and is here entered for the defendant.