Marsh v. Giles
Supreme Court of Pennsylvania
Appeal, No. 121, Jan. T., 1904, by defendants, from judgment of C. P. No. 2, Phila. Co., June T., 1902, No. 996, on verdict for plaintiff in case of Daniel Marsh and Elmer Marsh by his father and next friend, Daniel Marsh v. Charles A. W. Giles, Bernard Shields and Thomas McLaughlin, trading as Giles, Shields & Company. Trespass to recover damages for personal injuries. Before Barratt, J. The facts relating to the accident appear by the opinion of the Supreme Court.
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Appeal, No. 121, Jan. T., 1904, by defendants, from judgment of C. P. No. 2, Phila. Co., June T., 1902, No. 996, on verdict for plaintiff in case of Daniel Marsh and Elmer Marsh by his father and next friend, Daniel Marsh v. Charles A. W. Giles, Bernard Shields and Thomas McLaughlin, trading as Giles, Shields & Company. Trespass to recover damages for personal injuries. Before Barratt, J. The facts relating to the accident appear by the opinion of the Supreme Court. Verdict and judgment for the father for $1,000 and for the minor for $4,000. Error assigned was in refusing binding instructions…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The facts that give rise to the question involved are these : The defendants owned a stone yard which fronted on a main street and extended back to a narrow street on which the children who lived in the vicinity were accustomed to play. Some days before the accident the defendants had placed on the unpaved footway of the back street a number of stones, one of which, three feet long, about six inches wide and three inches thick, was in a slanting position, one end resting on the ground and the other against an electric light pole. One of the plaintiffs, a boy not…
2Cases cited1 opinion
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