Hayden v. Second Bank of Allentown

Opinion by

Mr. Justice Drew,

The action is trespass by mother and father to recover damages for the death of their son and the destruction of the father’s automobile; defendant’s affidavit of defense raising questions of law was sustained and judgment entered in its favor. Plaintiffs appeal.

We take the facts from the statement of claim. On February 9, 1935, the son went to get his father’s car from the public garage building in Allentown in which it was stored. The car was on the third floor, and the son was taken up in an elevator, the only means of access to the upper floors “for persons with…