King Et Al., Appellants, v. Brillhart
Supreme Court of Pennsylvania
Appeal, No. 158, Jan. T., 1921, by plaintiffs, from order of C. P. York Co., Aug. T., 1919, No. 186, refusing to take off nonsuit, in case of Jeremiah King and Elwood J. King, a minor, by his father and next friend, Jeremiah King, v. Robert N. Brillhart. Trespass for personal injuries. The opinion of the Supreme Court states the facts. At the trial the court entered a compulsory nonsuit, which it subsequently refused to take off. Plaintiff appealed.
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Appeal, No. 158, Jan. T., 1921, by plaintiffs, from order of C. P. York Co., Aug. T., 1919, No. 186, refusing to take off nonsuit, in case of Jeremiah King and Elwood J. King, a minor, by his father and next friend, Jeremiah King, v. Robert N. Brillhart. Trespass for personal injuries. The opinion of the Supreme Court states the facts. At the trial the court entered a compulsory nonsuit, which it subsequently refused to take off. Plaintiff appealed. No assignment of error was printed in appellants’ paper-book.
1Opinion of the Court
Opinion by
Mr. Justice Wauling,
This is an action of trespass by a father and minor son for personal injuries to the latter, whom we shall call the plaintiff. On Sunday afternoon, April 27, 1919, plaintiff, then sixteen years of age, was walking with another boy along the edge of a paved highway in York County, when he was struck and injured by an automobile owned and driven by defendant. The anto was coasting down grade when it overtook and struck the boys, who were near other pedestrians and two automobiles going in the opposite direction. The evidence indicates that defendant saw the boys in…
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