Legal Opinion

Helfrich v. Gurnari

Superior Court of Pennsylvania

Decided April 17, 1922No. 1; Appeals, Nos. 19 and 20PublishedCited by 12 opinions

Appeals, Nos. 19 and 20, March T., 1922, by defendant, from judgment of C. P. Luzerne Co., March T., 1917, No. 556, on verdicts for plaintiffs in the cases of Margaret Helfrich, by her next friend and father William W. Helfrich, v. Dominick Gurnari, and William W. Helfrich v. Dominick Gurnari. Trespass to recover damages for personal injuries. Before Woodward, J. The facts are stated in the opinion of the Superior Court.

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Appeals, Nos. 19 and 20, March T., 1922, by defendant, from judgment of C. P. Luzerne Co., March T., 1917, No. 556, on verdicts for plaintiffs in the cases of Margaret Helfrich, by her next friend and father William W. Helfrich, v. Dominick Gurnari, and William W. Helfrich v. Dominick Gurnari. Trespass to recover damages for personal injuries. Before Woodward, J. The facts are stated in the opinion of the Superior Court. Verdict in favor of plaintiff, William W. Helfrich for $221, and Margaret Burger (formerly Helfrich) in the sum of $625, and judgment thereon. Defendant appealed. Error…

1Opinion of the Court

Opinion by

Trexler, J.,

The defendant parked his Ford car in the street and entered a saloon in the City of Wilkes-Barre, and after three minutes returned and found the machine had disappeared. Without any one in it, it had proceeded about *451two hundred feet slightly up grade, across the public square, and had struck the plaintiff, pinning her against the telephone pole and injuring her seriously. There is no evidence as to how the machine started. The appellant says that there is no proof of negligence. It is true there is no positive proof, but there is sufficient to.allow the jury to infer…

2Cases cited7 opinions

  1. Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
  2. Heh v. Consolidated Gas Co.Supreme Court of Pennsylvania · 1902
  3. Booth v. DorseySupreme Court of Pennsylvania · 1904
  4. Wiles v. Emerson-Brantingham Co.Supreme Court of Pennsylvania · 1920
  5. Rauch v. SmedleySupreme Court of Pennsylvania · 1904

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3Cited by12 opinions

  1. Bender v. WelshSupreme Court of Pennsylvania · 1942
  2. Trostel v. Reading Steel Products Corp.Superior Court of Pennsylvania · 1943
  3. Henderson v. HornerSupreme Court of Pennsylvania · 1926
  4. Hickerson v. DaskamSupreme Court of Pennsylvania · 1933
  5. Sutfin, Admr. v. BurtonOhio Court of Appeals · 1951

7 more not listed; retrieve them via the Exa API.

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