Legal Opinion

Phillips v. Duquesne Traction Co.

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 175PublishedCited by 6 opinions

Appeal, No. 175, April T., 1897, by defendant, from judgment of C. P. No. 1, Allegheny County, Sept. T., 1894, No. 510, on verdict for plaintiff. . Trespass by father to recover for expenditures on account of injuries to his nine year old boy and for loss of services during minority. Before Collier, J. It appears from the record that the' action in this case was tried jointly with one brought for the boy for personal injuries.

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Appeal, No. 175, April T., 1897, by defendant, from judgment of C. P. No. 1, Allegheny County, Sept. T., 1894, No. 510, on verdict for plaintiff. . Trespass by father to recover for expenditures on account of injuries to his nine year old boy and for loss of services during minority. Before Collier, J. It appears from the record that the' action in this case was tried jointly with one brought for the boy for personal injuries. Judgment was entered on the verdict for plaintiff for $7,250, which was affirmed by the Supreme Court. (See report of case, 183 Pa. 255, where the facts as they appear…

1Opinion of the Court

Opinion by

Smith, J.,

This action was brought by John S. Phillips, the father of Malcolm Phillips, to recover for expenditures on account of injuries to Malcolm and for the loss of his services during minority. It was tried with an action hy Malcolm for personal injuries growing out of the same accident, and the jury returned verdicts for the plaintiffs in both cases. The boy’s case was appealed to the Supreme Court, where the only error assigned was to the refusal to give binding instructions for the defendant. In a per curiam opinion, the Supreme Court said: “ The only inquiry, therefore, is…

2Cases cited8 opinions

  1. Nagle v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1879
  2. Johnson v. Reading City Passenger RailwaySupreme Court of Pennsylvania · 1894
  3. Piollet v. SimmersSupreme Court of Pennsylvania · 1884
  4. Menner v. President of the Delaware & Hudson Canal Co.Superior Court of Pennsylvania · 1898
  5. McCully v. Clarke & ThawSupreme Court of Pennsylvania · 1861

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3Cited by6 opinions

  1. Kuhns v. BruggerSupreme Court of Pennsylvania · 1957
  2. Dattola Et Ux. v. Burt Bros., Inc.Supreme Court of Pennsylvania · 1926
  3. Sullenberger v. Chester Traction Co.Superior Court of Pennsylvania · 1907
  4. Brown v. SchellenbergSuperior Court of Pennsylvania · 1902
  5. Kuhns v. BruggerSupreme Court of Pennsylvania · 1957

1 more not listed; retrieve them via the Exa API.

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