Linderman v. Hershberger
Superior Court of Pennsylvania
Appeal, No. 64, April T., 1911, by defendant, from judgment of C. P. No. 3, Allegheny County, Nov. T., 1906, No. 32, on verdict for plaintiff, Mark Linderman, by his father and next friend, v. L. C. Hershberger. Trespass to recover damages for personal injuries. Before Kennedy, P. J. Verdict and judgment for Mark Linderman for $1,500 and B. F. Linderman for $950. Defendant appealed.
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Appeal, No. 64, April T., 1911, by defendant, from judgment of C. P. No. 3, Allegheny County, Nov. T., 1906, No. 32, on verdict for plaintiff, Mark Linderman, by his father and next friend, v. L. C. Hershberger. Trespass to recover damages for personal injuries. Before Kennedy, P. J. Verdict and judgment for Mark Linderman for $1,500 and B. F. Linderman for $950. Defendant appealed. Errors assigned were (1) in refusing binding instructions for defendant; (2) in submitting to the jury the question of permanent injuries; (3-5) portions of charge, quoting them.
1Opinion of the Court
Opinion by
Rice, P. J.,
The appellant kept' a wholesale liquor store on one of the principal streets of the borough of McKees Rocks. Adjoining his store was a vacant lot, in which he stored empty beer kegs. Between six and seven o’clock in the evening of July 6, 1906, his driver was unloading beer kegs from his wagon, which was standing alongside the curb, by tossing them across the sidewalk into the lot. At this time the horse was headed toward the south, and the driver faced the north. The plaintiff, then being between eight and nine years old, was running south on the sidewalk and was struck…
2Cases cited5 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Rachmel v. ClarkSupreme Court of Pennsylvania · 1903
- Curtis v. WinstonSupreme Court of Pennsylvania · 1898
- Vallo v. United States Express Co.Supreme Court of Pennsylvania · 1892
- Amos v. Delaware River Ferry Co.Supreme Court of Pennsylvania · 1910
3Cited by3 opinions
- Jordan v. BeroWest Virginia Supreme Court · 1974
- Marinaro v. AndersSuperior Court of Pennsylvania · 1930
- Nee v. Versailles TownshipSuperior Court of Pennsylvania · 1917