Lafferty v. Armour & Co.
Supreme Court of Pennsylvania
Appeals, Nos. 76 and 77, Jan. T., 1922, by plaintiffs, from order of C. P. No. 4, Pbila. Co., Sept. T., 1919, No. 4622, refusing to take off nonsuit, in case of Louis Lafferty, Jr., by Ms father and next friend, Louis Lafferty, Sr., and Louis Lafferty, Sr., in his own right, v. Armour & Co. Trespass for personal injuries. Before Finletter, J. The opinion of the Supreme Court states the facts. The court entered a compulsory nonsuit which it refused to take off.
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Appeals, Nos. 76 and 77, Jan. T., 1922, by plaintiffs, from order of C. P. No. 4, Pbila. Co., Sept. T., 1919, No. 4622, refusing to take off nonsuit, in case of Louis Lafferty, Jr., by Ms father and next friend, Louis Lafferty, Sr., and Louis Lafferty, Sr., in his own right, v. Armour & Co. Trespass for personal injuries. Before Finletter, J. The opinion of the Supreme Court states the facts. The court entered a compulsory nonsuit which it refused to take off. Plaintiff appealed. Error assigned was refusal to take off nonsuit, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Schaefer,
The court below entered a compulsory nonsuit; from the refusal to take it off, plaintiffs appeal.
The circumstances out of which the action grew are these: A two-horse wagon belonging to defendant, was being driven by one of its employees, on its business, along a street in Philadelphia. A number of boys were playing in the highway, among them, the minor plaintiff, six and a half years old. As the driver approached, one of the boys hailed him with a request for a ride; *590the team slowed up, the boys got in tbe wagon, and were permitted, by tbe driver, to ride for…
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