D'Ambrosio v. Philadelphia

Opinion by

Mr. Justice Linn,

Plaintiffs sued for themselves and their minor son to recover for injuries sustained by the son who was thrown from the rear of a motor truck as it passed over a hole in a city street. After verdicts for the plaintiffs, they moved for a new trial on the ground of inadequacy, and the city moved for judgment n. o. v. A new trial was granted. The city’s motion for judgment was refused and these appeals followed.

The minor plaintiff, 12 years and 8 months of age, with three other boys, boarded the rear of a motor truck moving south on Lawrence Street toward Erie Avenue…