McMillen v. Strathmann
Supreme Court of Pennsylvania
Appeal, No. 142, Jan. T., 1919, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1917, No. 6158, on a verdict for defendant in case of William McMillen, Administrator of the Estate of John McMillen, deceased, v. Henry E. Strathmann, Jr., Administrator of the Estate of Henry E. Strathmann, deceased. Trespass for the death of a child caused by being struck by an automobile truck.
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Appeal, No. 142, Jan. T., 1919, by plaintiff, from judgment of C. P. No. 5, Philadelphia Co., Sept. T., 1917, No. 6158, on a verdict for defendant in case of William McMillen, Administrator of the Estate of John McMillen, deceased, v. Henry E. Strathmann, Jr., Administrator of the Estate of Henry E. Strathmann, deceased. Trespass for the death of a child caused by being struck by an automobile truck. Before Martin, P. J. The verdict was for defendant and judgment was entered thereon. The court overruled the plaintiffs motion for a new trial. Plaintiff appealed. Errors assigned were…
1Opinion of the Court
Opinion by
Mr. Justice. Walling,
This is an action of trespass for personal injuries. At the time in question John McMillen was five and one-half years of age and resided with his parents in Philadelphia on the west side of Amber street, which was of the width of forty feet with a paved cartway twenty feet wide in the center thereof. On the afternoon of November 19, 1917, John left his yard and ran across the street to the east curb where there was another small boy, and then turned and ran back across the street and as he did so was struck by a northbound autocar truck owned by Henry E.…
2Cases cited4 opinions
- Commonwealth v. RazmusSupreme Court of Pennsylvania · 1905
- Reznor Manufacturing Co. v. Bessemer & Lake Erie RailroadSupreme Court of Pennsylvania · 1912
- Leonard v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1917
- Nowlis v. HurwitzSupreme Court of Pennsylvania · 1911
3Cited by17 opinions
- McAvoy v. KromerSupreme Court of Pennsylvania · 1923
- Autio v. MillerMontana Supreme Court · 1932
- Silberstein v. Showell, Fryer & Co.Supreme Court of Pennsylvania · 1920
- Leslie v. CatanzaroSupreme Court of Pennsylvania · 1922
- Purdy v. HazeltineSupreme Court of Pennsylvania · 1936
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