Dalsey v. Czeiner Et Ux.
Superior Court of Pennsylvania
Plaintiff recovered a verdict against defendants upon a claim based on a serious injury sustained by him when he was struck by their son. They operated a taproom in which plaintiff had been drinking earlier in the evening. After the place had closed for business, plaintiff and a friend, whether in jest or earnest does not matter, took a partly filled bottle of gin from the taproom and put it on a neighboring porch. They then went around the block.
Read the full summary
Plaintiff recovered a verdict against defendants upon a claim based on a serious injury sustained by him when he was struck by their son. They operated a taproom in which plaintiff had been drinking earlier in the evening. After the place had closed for business, plaintiff and a friend, whether in jest or earnest does not matter, took a partly filled bottle of gin from the taproom and put it on a neighboring porch. They then went around the block. Defendants’ son, who was the bartender in charge of the taproom recovered the gin from the porch. When plaintiff and his friend approached the…
1Opinion of the Court
Per Curiam,
The judgment of the court below is affirmed on the opinion of Judge Flood. To the authorities cited by him may be added Cherillo v. Steinberg, 118 Pa. Superior Ct. 485, 180 A. 115, and the cases therein reviewed.
Judgment affirmed.
2Cases cited1 opinion
- Cherillo v. SteinbergSuperior Court of Pennsylvania · 1935
3Cited by1 opinion
- Gajkowski v. International Brotherhood of TeamstersSupreme Court of Pennsylvania · 1986