Legal Opinion

Wetherill v. Showell, Fryer & Co.

Supreme Court of Pennsylvania

Decided April 21, 1919No. Appeal, No. 73PublishedCited by 16 opinions

Appeal, No. 73, Jan. T., 1919, by plaintiffs, from judgment of C. P. No. 1, Philadelphia Co., Dec. T., 1916, No. 3790, on verdict for defendant in case of R. Wayne Wetherill and Mary R. Wetherill, his wife, v. Showell, Fryer & Co., Inc. Trespass to recover damages for personal injuries.

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Appeal, No. 73, Jan. T., 1919, by plaintiffs, from judgment of C. P. No. 1, Philadelphia Co., Dec. T., 1916, No. 3790, on verdict for defendant in case of R. Wayne Wetherill and Mary R. Wetherill, his wife, v. Showell, Fryer & Co., Inc. Trespass to recover damages for personal injuries. Before Patterson, J. At the trial the court gave binding instructions for defendant saying, “I feel constrained to do so in view of the ruling of the Supreme Court in the case of Eastburn v. United States Express Co., 225 Pa. 33.” Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in…

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Plaintiffs, as the parents of Howard W. Wetherill, sued to recover damages for his death caused by his hav*451ing been rnn oyer by an automobile truck belonging to defendant. The allegations of negligence in the statement of claim are “the said automobile was being driven at a high and reckless rate of speed,......the said driver thereof failed to give due and sufficient notice of his approach......and was otherwise neglecting and disregarding the duty” he owed to the boy. The court below gave binding instructions for defendant, judgment was entered upon the verdict…

2Cases cited2 opinions

  1. Philadelphia & Reading Railroad v. HummellSupreme Court of Pennsylvania · 1863
  2. Yeager v. Gately & Fitzgerald, Inc.Supreme Court of Pennsylvania · 1919

3Cited by16 opinions

  1. Celender v. Allegheny County Sanitary AuthoritySuperior Court of Pennsylvania · 1966
  2. Leslie v. CatanzaroSupreme Court of Pennsylvania · 1922
  3. R. & L. Transfer Co. v. State Ex Rel. SchmidtCourt of Appeals of Maryland · 1931
  4. Wilmes v. MihelichSupreme Court of Minnesota · 1947
  5. Draxton v. KatzmarekSupreme Court of Minnesota · 1938

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