Alleva v. Porter

Opinion by

Hirt, J.,

In the late afternoon of August 19, 1954 the defendant, driving his automobile eastwardly on Rodman Street in Philadelphia, struck a 4y2 year old hoy in the cartway. In this action for damages resulting from the child’s death the jury found for the plaintiff in the total sum of $3,614.10 — $1,114.10 under the Death Act 1 — and $2,500 under the Survival Act. 2 Defendant’s motion for judgment n.o.v. was denied by the lower court in banc, but a new trial was ordered on plaintiff’s application because, in the opinion of the lower court, the verdict in the Survival action was…