Di Meglio v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeals, Nos. 263 and 264, Jan. T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., Sept. T., 1913, No. 4317, for plaintiff in case of Philip Di Meglio, by his father and next friend Giovanna Di Meglio v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Ferguson, J. The facts appear in Di Meglio v. Philadelphia & Reading Ry. Co., 249 Pa. 319, and in the opinion of the Supreme Court.
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Appeals, Nos. 263 and 264, Jan. T., 1915, by defendant, from judgment of C. P. No. 3, Philadelphia Co., Sept. T., 1913, No. 4317, for plaintiff in case of Philip Di Meglio, by his father and next friend Giovanna Di Meglio v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Ferguson, J. The facts appear in Di Meglio v. Philadelphia & Reading Ry. Co., 249 Pa. 319, and in the opinion of the Supreme Court. Verdict for $500, for Giovanni Di Meglio, and $3,500 for Philip Di Meglio. Defendant appealed. Error assigned, among others, were the…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This case was here before on an appeal by the plain*393tiffs from judgment n. o. v. for the defendant, and we reversed the judgment and remitted the record that plaintiffs might have judgment on the verdict: Di Meglio v. Philadelphia & Reading Ry. Co., 249 Pa. 319. Judgment having been entered for the plaintiffs, the defendant has taken this appeal. The facts appear in the opinion filed in the former appeal.
We think the learned court below erred in its instructions to the jury that the boy was not chargeable with negligence, and in not submitting the question to…
2Cases cited5 opinions
- Kelly v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1903
- Di Meglio v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1915
- Smith v. O'ConnorSupreme Court of Pennsylvania · 1864
- Philadelphia City Passenger Railway Co. v. HassardSupreme Court of Pennsylvania · 1874
- Strawbridge v. Bradford, Pennsylvania Court of Common Pleas, Philadelphia County1889
3Cited by11 opinions
- Kuhns v. BruggerSupreme Court of Pennsylvania · 1957
- Fabel, Admr. v. HazlettSuperior Court of Pennsylvania · 1945
- Fedorovich v. GlennSupreme Court of Pennsylvania · 1939
- Gerg v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Kremposky v. Mt. Jessup Coal Co.Supreme Court of Pennsylvania · 1920
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