Yeager v. Gately & Fitzgerald, Inc.
Supreme Court of Pennsylvania
Appeal, No. 137, Oct. T., 1918, by defendant, from judgment of O. P. Cambria Co., June T., 1917, No. 501, on verdict for plaintiffs in case of John W. Yeager and Bertha M., Ms wife, v. Gately & Fitzgerald, Inc. Trespass to recover damages for the death of a boy six years old. Before Bailey, P. J., specially presiding. Verdict and judgment for plaintiffs for $2,336.75. Defendant appealed.
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Appeal, No. 137, Oct. T., 1918, by defendant, from judgment of O. P. Cambria Co., June T., 1917, No. 501, on verdict for plaintiffs in case of John W. Yeager and Bertha M., Ms wife, v. Gately & Fitzgerald, Inc. Trespass to recover damages for the death of a boy six years old. Before Bailey, P. J., specially presiding. Verdict and judgment for plaintiffs for $2,336.75. Defendant appealed. Errors assigned, among others, were in refusing binding instructions for defendant, and in refusing motion for judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiffs sued to recover damages for the death of their six-year-old son which resulted from injuries received from defendant’s truck, at a crossing on a street on which the boy was coasting, in the City of Johnstown. The questions of defendant’s negligence and plaintiffs’ contributory negligence in sending the child in the street unattended were submitted to the jury; a verdict for plaintiffs rendered and motions by defendant for a new trial and for judgment non obstante veredicto dismissed on plaintiffs’ agreement to remit that portion of the verdict in excess…
2Cases cited8 opinions
- McClintock & Irvine Co. v. Ætna Explosives Co.Supreme Court of Pennsylvania · 1918
- Henderson v. Continental Refining Co.Supreme Court of Pennsylvania · 1908
- Tatarewicz v. United Traction Co.Supreme Court of Pennsylvania · 1908
- Yeager v. Anthracite Brewing Co.Supreme Court of Pennsylvania · 1917
- Mulhern v. Philadelphia Homemade Bread Co.Supreme Court of Pennsylvania · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Muehlhof v. Reading Co.Supreme Court of Pennsylvania · 1932
- Leslie v. CatanzaroSupreme Court of Pennsylvania · 1922
- Commonwealth v. SmithSupreme Court of Pennsylvania · 1920
- Quaker City Cab Co. v. FixterCourt of Appeals for the Third Circuit · 1925
- Idell v. DaySupreme Court of Pennsylvania · 1922
11 more not listed; retrieve them via the Exa API.