Burton v. Althoff

MacPHAIL, P. J.,

In a nonjury trial, we barred plaintiff-parents’ recovery for medical expenses incurred by reason of injuries sustained by their daughter, Melia, while, under the temporary care of an older sister.1 Ourruling was based upon our finding that the older sister was contributorily negligent and that her contributory negligence was attributable to plaintiff-parents under the holding of Gress v. Philadelphia & Reading Railway Company, 228 Pa. 482 (1910). Plaintiffs subsequently filed an exception *367to our conclusion in that respect and the matter is now before us for disposition.

No…