De Francisco v. La Face

Opinion by

Cunningham, J.,

In this trespass action plaintiffs below and appellants herein sought to recover damages for injuries suffered by their five year old son when he apparently fell from the back of defendant’s truck which had been parked along Mirror Street in the City of Pittsburgh for more than a week.

The case was tried before a jury; the defendant offered no testimony but moved for binding instructions which were granted on the ground that plaintiffs failed to prove any negligence on the part of defendant. Prior to the hearing before the court in banc of plaintiffs’ motion for a new…