Legal Opinion

Finkbeiner v. Solomon

Supreme Court of Pennsylvania

Decided June 22, 1909No. Appeal, No. 74PublishedCited by 9 opinions

Appeal, No. 74, Jan. T., 1909, by plaintiff, from order of C. P. Potter Co., Dec. T., 1906, No. 17, refusing to take off nonsuit in case of John Finkbeiner and Walter Finkbeiner, minor child of John Finkbeiner, v. A. Solomon. Trespass to recover damages for personal injuries to a boy nine years old. Before Ormerod, P. J. The circumstances of the accident are set forth in the opinion of the Supreme Court.

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Appeal, No. 74, Jan. T., 1909, by plaintiff, from order of C. P. Potter Co., Dec. T., 1906, No. 17, refusing to take off nonsuit in case of John Finkbeiner and Walter Finkbeiner, minor child of John Finkbeiner, v. A. Solomon. Trespass to recover damages for personal injuries to a boy nine years old. Before Ormerod, P. J. The circumstances of the accident are set forth in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This was an action of trespass brought by John Finkbeiner and his minor child, Walter Finkbeiner, against A. Solomon to recover damages for personal injuries alleged to have been sustained by Walter Finkbeiner through the negligence of the defendant.

In 1905, Finkbeiner purchased from Solomon a house and lot in Shingle House borough, Potter county, and also a frame barn located on another lot, which was moved by the purchaser to the lot previously bought by him, within a short distance of the house. At the time of the purchase of the barn, Finkbeiner did not have…

2Cases cited2 opinions

  1. Marsh v. GilesSupreme Court of Pennsylvania · 1905
  2. Swanson v. CrandallSuperior Court of Pennsylvania · 1896

3Cited by9 opinions

  1. Clark v. E. I. du Pont de Nemours Powder Co.Supreme Court of Kansas · 1915
  2. Olson v. Gill Home Investment Co.Washington Supreme Court · 1910
  3. City of Tulsa v. McIntoshSupreme Court of Oklahoma · 1923
  4. Peterson v. MartinSupreme Court of Minnesota · 1917
  5. Fehrs v. McKeesportSupreme Court of Pennsylvania · 1935

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