Vespe v. Rosen
Superior Court of Pennsylvania
Appeal, No. 48, Oct. T., 1920, by defendant, from the judgment of the Municipal Court of Philadelphia, April T., 1919, No. 494, on verdict for the plaintiff in the case of Margaret Yespe, by her father and next friend, Vito Vespe, and Yito Yespe, v. Jacob Rosen, trading as Rosen Brothers. Trespass to recover damages for personal injuries. Before Knowles, J. The facts are stated in the opinion of the Superior Court. Verdict for the plaintiff for $150 and judgment thereon.
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Appeal, No. 48, Oct. T., 1920, by defendant, from the judgment of the Municipal Court of Philadelphia, April T., 1919, No. 494, on verdict for the plaintiff in the case of Margaret Yespe, by her father and next friend, Vito Vespe, and Yito Yespe, v. Jacob Rosen, trading as Rosen Brothers. Trespass to recover damages for personal injuries. Before Knowles, J. The facts are stated in the opinion of the Superior Court. Verdict for the plaintiff for $150 and judgment thereon. Defendant appealed. Errors assigned were the charge of the court and answers to points and refusal of defendant’s motion…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff was one of several passengers riding in an automobile returning from the cemetery after a funeral. An accident occurred and the plaintiff was injured.
■There are two questions involved. One, whether there was sufficient evidence of negligence, and second, was the defendant responsible for it? We think both of these questions were properly submitted to the jury upon evidence which warranted the submission. The driver of the automobile was proceeding in a fast manner. It was a rainy day. In attempting to pass another automobile he gave a sharp turn to the…
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