McIlhenny v. Baker
Superior Court of Pennsylvania
Appeal, No. 141, Oct. T., 1915, by defendants, from judgment of C. P. No. 3, Philadelphia Co., Sept. T., 1912, No. 5030, on verdict for plaintiff in case of John D. Mcllhenny v. Horace P. Baker and Orpheus E. Bell, Co-partners, trading as Baker-Bell Motor Co. Trespass to recover damages to an automobile. Before McMichael, P. J. The circumstances of the accident are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 141, Oct. T., 1915, by defendants, from judgment of C. P. No. 3, Philadelphia Co., Sept. T., 1912, No. 5030, on verdict for plaintiff in case of John D. Mcllhenny v. Horace P. Baker and Orpheus E. Bell, Co-partners, trading as Baker-Bell Motor Co. Trespass to recover damages to an automobile. Before McMichael, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. When Robert Morrison, defendant’s chauffeur, was on the stand, he was asked this question: Q. — Did they blame you for the accident? A. — Not at that time. The larger of the three said…
1Opinion of the Court
Per Curiam,
The plaintiff’s son, who was operating his automobile at the time of the accident, was between 13 and 14 years of age, and had not obtained a special license to operate such vehicle, which Section 4 of the Act of April 27,1909, P. L. 265, required of persons under 18 years of age. The case was submitted to the jury on the theory that the plaintiff’s son, in operating the automobile in violation of this statutory prohibition, was a trespasser on the *389highway, that the plaintiff, by permitting him to operate it, was doing an unlawful thing, and (quoting from the charge) “that where a…
2Cases cited5 opinions
- Commonwealth v. WerntzSupreme Court of Pennsylvania · 1894
- Coll v. Easton Transit Co.Supreme Court of Pennsylvania · 1897
- Rauch v. SmedleySupreme Court of Pennsylvania · 1904
- Yeager v. Winton Motor Carriage Co.Superior Court of Pennsylvania · 1913
- Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
3Cited by8 opinions
- McGrath v. Pennsylvania Sugar Co.Supreme Court of Pennsylvania · 1924
- Purol, Inc. v. Great Eastern System, Inc.Superior Court of Pennsylvania · 1937
- Lloyd v. NoakesSuperior Court of Pennsylvania · 1929
- Lelar v. Quaker City CabsSuperior Court of Pennsylvania · 1932
- Scorsoni v. Pittsburgh Provision & Packing Co.Supreme Court of Pennsylvania · 1922
3 more not listed; retrieve them via the Exa API.