Stone v. Philadelphia

Opinion by

Mr. Justice Schaffer,

Charles J. Stone brought this action of trespass against the City of Philadelphia and Max R. Leven to recover damages for personal injuries, the loss of his leg, caused by Leven violently striking him with his automobile, having first driven into a defect in the street. Certain other defendants were brought in by the city on sci. fas. They, however, were eliminated as the result of the sufferance of voluntary nonsuits. The trial judge entered a compulsory nonsuit as to Leven. The suit proceeded against the city alone and resulted in a verdict in plaintiff’s…