Geiger v. Garrett
Supreme Court of Pennsylvania
Appeal, No. 30, Jan. T., 1921, by plaintiffs, from judgment of C. P. No. 4, Phila. Co., March T., 1918, No. 3862, on verdict for defendant, in case of Harry Geiger, by his next friend and father, Joseph J. Geiger, and Joseph Geiger in his own right, v. A. H. Garrett. Trespass for personal injuries. Before McCullen, J. The opinion of the Supreme Court states the facts. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant.
Read the full summary
Appeal, No. 30, Jan. T., 1921, by plaintiffs, from judgment of C. P. No. 4, Phila. Co., March T., 1918, No. 3862, on verdict for defendant, in case of Harry Geiger, by his next friend and father, Joseph J. Geiger, and Joseph Geiger in his own right, v. A. H. Garrett. Trespass for personal injuries. Before McCullen, J. The opinion of the Supreme Court states the facts. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiffs appealed. Error assigned, inter alia, was instruction, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
A father, in his own right and as next friend of his minor son, sued defendant to recover damages for alleged negligence, resulting in personal injuries to the son; a verdict was directed for defendant, and, judgment having been entered thereon, the two plaintiffs prosecute this single appeal.
All the evidence in the case was oral; and, hence, in determining whether or not binding instructions should have been given, we must accept as true all the testimony and inferences therefrom favorable to plaintiffs, and reject everything therein unfavorable to them:…
2Cases cited8 opinions
- Mountain v. American Window Glass Co.Supreme Court of Pennsylvania · 1919
- Black v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1913
- Wolf v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Wiles v. Emerson-Brantingham Co.Supreme Court of Pennsylvania · 1920
- Rinker v. Colonial Iron Co.Superior Court of Pennsylvania · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Thomas v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1923
- Donovan v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922
- Shaw v. Plains TownshipSupreme Court of Pennsylvania · 1921
- Nold v. Higgins Lumber Co.Supreme Court of Pennsylvania · 1923
- Bryan Et Ux. v. Barber Asphalt Co.Supreme Court of Pennsylvania · 1927
8 more not listed; retrieve them via the Exa API.