Schaffner v. Smith

Opinion by

Mr. Justice Sutton.

This is an auto-pedestrian accident case.

We shall refer to the parties by name or as plaintiffs and defendant as they appeared in the trial court.

The complaint was filed in February 1962 naming Phyllis Colleen Smith, a minor (aged 11 years at the time of the accident in 1960) as one plaintiff and her mother, Phyllis M. Smith, as another plaintiff; Charlotte Schaffner, Myer J. Schaffner and Edward J. Ray were named as defendants.

Negligence was alleged against the defendants because of the following facts, viz.: Ray, with Mrs. Schaffner following his car in the…