Summers v. Bergner Brewing Co.
Supreme Court of Pennsylvania
No. 414 January Term 1890, Sup. Ct.; court below, No. 768 December Term 1885, C. P. On March 1, 1886, May Summers, by her father and next friend, M. P. Summers, brought case against, the Bergner & En-gel Brewing Company. Issue.
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No. 414 January Term 1890, Sup. Ct.; court below, No. 768 December Term 1885, C. P. On March 1, 1886, May Summers, by her father and next friend, M. P. Summers, brought case against, the Bergner & En-gel Brewing Company. Issue. At the trial on February 26, 1890, Dr. A. W. Griffith, a practising physician, testified for the plaintiff that on July 28, 1885, he was walking up Tenth street below Washington Avenue, and, hearing a child scream, turned and saw the child between the fore legs of one of the horses drawing a beer wagon. The team was following the street-railway track on a descending…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
May Summers, a child four years old, by her next friend and father, brought this action against the Bergner and Engel Brewing Company, to recover damages for injuries she received by being run over on a public street in Philadelphia by a team and wagon belonging to the defendant company and then engaged in its work and in charge of its employee. It is alleged that the accident was the result of the negligent driving of the team. There was evidence that at the time of the occurrence the driver was asleep, and that the team was on a descending grade and going at a…
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