Brennan v. Merchant & Co.
Supreme Court of Pennsylvania
Appeal, No. 151, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., June Term, 1898, No. 955, refusing to take off nonsuit in case of Thomas Brennan, a Minor, by his Father and Next Friend, Thomas F. Brennan, and Thomas F. Brennan, and Ella J. Brennan as the parents of Thomas Brennan, a Minor, v. Merchant & Company, Incorporated. Trespass to recover damages for personal injuries.
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Appeal, No. 151, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., June Term, 1898, No. 955, refusing to take off nonsuit in case of Thomas Brennan, a Minor, by his Father and Next Friend, Thomas F. Brennan, and Thomas F. Brennan, and Ella J. Brennan as the parents of Thomas Brennan, a Minor, v. Merchant & Company, Incorporated. Trespass to recover damages for personal injuries. Before McCarthy, J. The facts appear by the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Tommy Brennan, eight years of age, lived with his parents at 816 South 19th street, in the city of Philadelphia, near the place where he was injured. While he and Peter Gormley, another boy of the same age, were playing on Laferty’s steps on Christian street below 20th street, Nicholas Larkins, an employee of the defendant company, drove its wagon down Christian street in the front of the Laferty residence. This was a four wheeled truck wagon with uprights or standards along the sides, connected by a chain passing between them. It was loaded with flat boxes,…
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