Brown v. Schellenberg
Superior Court of Pennsylvania
Appeal, No. 249, Oct. T., 1900, by defendant, from judgment of C. P. No. 2, Pkila. Co.,' June T., 1896, No. 181, on verdict for plaintiff in case of Josephine V. Brown, by her next friend and father William R. Brown, V. Rudolph Schellenberg. Trespass to recover damages for injuries to a child seven years old. Before Sulzberger, J. The circumstances of the accident are stated in the opinion of the Superior Court.
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Appeal, No. 249, Oct. T., 1900, by defendant, from judgment of C. P. No. 2, Pkila. Co.,' June T., 1896, No. 181, on verdict for plaintiff in case of Josephine V. Brown, by her next friend and father William R. Brown, V. Rudolph Schellenberg. Trespass to recover damages for injuries to a child seven years old. Before Sulzberger, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $300. Defendant appealed. Error assigned was in submitting the case to the jury.
1Opinion of the Court
Opinion by
Oklady, J.,
After a second trial in the court' below a verdict of $300 was rendered in favor of the plaintiff, and on this appeal the only assignment of error is that under all the evidence in the case the verdict should be for the defendant.
The disputed question was whether the plaintiff, aged seven years at the time of the accident, suddenly and unexpectedly ran from the sidewalk into or against the horse which the defendant was driving along the public street.
The trial judge was careful in his charge to the jury to instruct them that it was for them to determine whether the…
2Cases cited8 opinions
- Johnson v. Reading City Passenger RailwaySupreme Court of Pennsylvania · 1894
- Chilton v. Central Traction Co.Supreme Court of Pennsylvania · 1893
- Summers v. Bergner Brewing Co.Supreme Court of Pennsylvania · 1891
- Funk v. Electric Traction Co.Supreme Court of Pennsylvania · 1896
- Phillips v. Duquesne Traction Co.Superior Court of Pennsylvania · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Corpies v. Sand Co.Superior Court of Pennsylvania · 1906