Meloy v. Philadelphia Rapid Transit Co.

• Decision Date: 04 March 1907
• Citation: 217 Pa. 189,66 A. 253
• Parties: MELOY v. PHILADELPHIA RAPID TRANSIT CO.
• Court: Pennsylvania Supreme Court

66 A. 253
217 Pa. 189

MELOY
v.
PHILADELPHIA RAPID TRANSIT CO.

Supreme Court of Pennsylvania.

March 4, 1907.

Appeal from Court of Common Pleas, Philadelphia County.

Action by John Meloy, Jr., by his father, and by John Meloy, Sr., against the Philadelphia Rapid Transit Company. From a judgment for defendant, plaintiff appeals. Affirmed.

Argued before MITCHELL, C. J., and FELL, BROWN, MESTREZAT, POTTER, ELKIN, and STEWART, JJ.

Henry J. Scott, for appellant. Russell Duane and Thomas Learning, for appellee.

PER CURIAM. There was no evidence of negligence on the part of defendant. The car, going south on Second street, reached the corner of Lombard, at which point the middle of the street is occupied by a market shed, narrowing the street so that the track on the east side is close to the shed. As the car turned the curve into the track along the shed, the plaintiff, a boy of seven years, who was playing tag in the market shed, darted out and ran into the fender in the front of the car. The testimony to these facts is practically undisputed, and brings the case clearly under the authority of Sontgen v. Kittanning, etc., St. Ry. Co., 213 Pa, 114, 62 Atl. 523.

Judgment affirmed.