Legal Opinion

Rankin v. Ward Baking Co.

Supreme Court of Pennsylvania

Decided January 3, 1922No. Appeals, Nos. 23 and 24PublishedCited by 13 opinions

Appeals, Nos. 23 and 24, Oct. T., 1921, by defendant, from judgments of O. P. Allegheny Co., April T., 1920, No. 2615, on verdicts for plaintiffs, in case of Florence Rankin, a minor, by her next friend and father, Thomas W. Rankin, and Thomas W. Rankin, in his own right, v. Ward Baking Company. Trespass for injuries to child. Before Stone, J. The opinion of the Supreme Court states the facts.

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Appeals, Nos. 23 and 24, Oct. T., 1921, by defendant, from judgments of O. P. Allegheny Co., April T., 1920, No. 2615, on verdicts for plaintiffs, in case of Florence Rankin, a minor, by her next friend and father, Thomas W. Rankin, and Thomas W. Rankin, in his own right, v. Ward Baking Company. Trespass for injuries to child. Before Stone, J. The opinion of the Supreme Court states the facts. Verdict and judgment for Florence Rankin for $10,-000, and for Thomas W. Rankin for $2,500. Defendant appealed. Errors assigned were (1) refusal of new trial; (2) refusal of binding instructions for…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This action is for injuries to a minor child. On November 10,1919, Florence Rankin, while crossing Franklin Avenue, Wilkinsburg, on her way to school, was struck and seriously injured by one of defendant’s auto-trucks. Verdicts were rendered for father and daughter and, from judgments entered thereon, defendant brought these appeals.

Franklin Avenue extends east and west at the width of 50 feet, with a paved cartway, 30 feet wide, in the center of which is a double track street railway, the one to the south being eastbound. Between the track and the curb is an…

2Cases cited10 opinions

  1. King Et Al., Appellants, v. BrillhartSupreme Court of Pennsylvania · 1921
  2. Anderson v. Wood, AppellantSupreme Court of Pennsylvania · 1919
  3. Silberstein v. Showell, Fryer & Co.Supreme Court of Pennsylvania · 1920
  4. Petrie v. E. A. Myers Co.Supreme Court of Pennsylvania · 1920
  5. Lamont v. Adams Express Co.Supreme Court of Pennsylvania · 1919

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3Cited by13 opinions

  1. Simmons v. MullenSuperior Court of Pennsylvania · 1974
  2. Eckert v. Merchants Shipbuilding Corp.Supreme Court of Pennsylvania · 1924
  3. Frank v. CohenSupreme Court of Pennsylvania · 1926
  4. Murphy v. ClaytonSupreme Court of Arkansas · 1929
  5. Quattrochi v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1932

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