Legal Opinion

Balser v. Young

Superior Court of Pennsylvania

Decided July 17, 1919No. Appeal, No. 119PublishedCited by 9 opinions

Appeal, No. 119, April T., 1919, by defendants, from judgment of C. P. Allegheny Co., July T., 1917, No. 1527, on verdict for plaintiffs in case of William Balser and Corinne Balser, his wife, v. George W. Young, Victor J. Schmitt and John L. Schmitt, partners trading as Young & Schmitt. Trespass to recover damages for death of minor child. Before Evans, J. The circumstances of the accident are stated in the opinion of the Superior Court.

Read the full summary

Appeal, No. 119, April T., 1919, by defendants, from judgment of C. P. Allegheny Co., July T., 1917, No. 1527, on verdict for plaintiffs in case of William Balser and Corinne Balser, his wife, v. George W. Young, Victor J. Schmitt and John L. Schmitt, partners trading as Young & Schmitt. Trespass to recover damages for death of minor child. Before Evans, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict for plaintiff for $750 and judgment thereon. Defendants appealed. Errors assigned were refusal to give binding instructions for the defendant and to…

1Opinion of the Court

Opinion by

Keller, J.,

' The assignments of error are confined to the court’s refusal: (1) to give binding instructions in favor of the *504defendants, and (2) to enter judgment in their favor non obstante veredicto, raising thereby but the single question, whether the case should have been submitted to the jury. No error is assigned to the charge of the court, and we are, therefore, not concerned with the alleged errors contained in it which are referred to in the appellants’ argument, provided the case was one for the jury. In disposing of this question we are bound to consider the evidence from…

2Cases cited18 opinions

  1. Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
  2. Thompson v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1907
  3. Gillespie v. McGowanSupreme Court of Pennsylvania · 1882
  4. Henderson v. Continental Refining Co.Supreme Court of Pennsylvania · 1908
  5. Baltimore & Ohio Railroad v. SchwindlingSupreme Court of Pennsylvania · 1883

13 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Thompson v. Reading Co.Supreme Court of Pennsylvania · 1941
  2. Rahe v. Fidelity-Philadelphia Trust Co.Supreme Court of Pennsylvania · 1935
  3. Pietros Et Ux. v. Hecla C. C. Co.Superior Court of Pennsylvania · 1935
  4. Murdock Et Ux. v. Pa. Railroad Co.Superior Court of Pennsylvania · 1941
  5. Martinez v. PinkasiewiczSuperior Court of Pennsylvania · 1935

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API