McGinley v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeals, Nos. 387 and 388, Jan. T., 1916, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1915, No-. 3395, on verdicts for plaintiffs in case of James M. McGinley, by his next friend and father Neil McGinley, and Neil McGinley v. Philadelphia & Beading Bailway Company. Trespass to recover damages for personal injuries. Before Audenried, P. J. From the record it appeared that on September 16, 1914, three boys decided to- go to Tamaqua to seek work.
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Appeals, Nos. 387 and 388, Jan. T., 1916, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1915, No-. 3395, on verdicts for plaintiffs in case of James M. McGinley, by his next friend and father Neil McGinley, and Neil McGinley v. Philadelphia & Beading Bailway Company. Trespass to recover damages for personal injuries. Before Audenried, P. J. From the record it appeared that on September 16, 1914, three boys decided to- go to Tamaqua to seek work. They planned to ride a certain freight train without paying their fares. They entered the train yard by the street…
1Opinion of the Court
Per Curiam,
This case was for the jury, and the learned trial judge would have erred if he had affirmed defendant’s point asking that a verdict be directed in its favor. Complaint is made of certain portions of the charge as inaccurately referring to the testimony. If any fact was inaccurately or erroneously stated in the instructions to the jury, it was the duty of counsel for defendant to call the trial judge’s attention to his inadvertence, that the same might be corrected before the jury retired: Nowlis v. Hurwitz, 232 Pa. 154. We discover no error in the trial judge’s comment on the…
2Cases cited1 opinion
- Nowlis v. HurwitzSupreme Court of Pennsylvania · 1911
3Cited by4 opinions
- Howard v. Zaney BarSupreme Court of Pennsylvania · 1952
- Pilipovich v. Pittsburgh Coal Co.Supreme Court of Pennsylvania · 1934
- Kayser v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Philadelphia County1928
- Kennedy v. Cohn, Pennsylvania Court of Common Pleas, Philadelphia County1950