Stahle v. Poth
Supreme Court of Pennsylvania
Appeal, No. 329, Jan. T., 1907, by-plaintiff, from judgment of O. P. No. 4, Phila. Co., Sept. T., 1901, No. 386, on verdict for defendants in case of Frederick Stable, in his own right and as father and next friend of William Stahle, his minor son, v. Frederick J. Poth. Trespass to recover damages for personal injuries. The court gave binding instructions for defendant. Verdict and judgment for defendants. Plaintiff appealed.
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Appeal, No. 329, Jan. T., 1907, by-plaintiff, from judgment of O. P. No. 4, Phila. Co., Sept. T., 1901, No. 386, on verdict for defendants in case of Frederick Stable, in his own right and as father and next friend of William Stahle, his minor son, v. Frederick J. Poth. Trespass to recover damages for personal injuries. The court gave binding instructions for defendant. Verdict and judgment for defendants. Plaintiff appealed. Error assigned was in giving binding instructions for defendants.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of trespass to recover for injuries to a child caused by the alleged negligence of the defendants.
The writ was issued on September 10, 1901, and the defendants named therein are “ Frederick A. Poth and Frederick J. Poth, trading as F. A. Poth & Son.” A statement and an amended statement were filed and in the caption the names of the defendants correspond with those in the writ. In the body of the statement and amended statement the averments are against “ the defendants.” A general appearance was entered of record for the defendants, and their…
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