Westervelt v. Dives
Supreme Court of Pennsylvania
Appeal, No. 269, Jan. T., 1910, by plaintiffs, from judgment of C. P. Berks Co., March T., 1907, No. 68, on verdict for plaintiffs in case of Elsie May Westervelt, by her father and next friend, Charles A. Westervelt, and the said Charles A. Westervelt v. Josiah Dives and George S. Pomeroy, trading as Dives, Pomeroy and Stewart. Trespass to recover damages for personal injuries. Before Enlich, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 269, Jan. T., 1910, by plaintiffs, from judgment of C. P. Berks Co., March T., 1907, No. 68, on verdict for plaintiffs in case of Elsie May Westervelt, by her father and next friend, Charles A. Westervelt, and the said Charles A. Westervelt v. Josiah Dives and George S. Pomeroy, trading as Dives, Pomeroy and Stewart. Trespass to recover damages for personal injuries. Before Enlich, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for Elsie May Westervelt for $1,924, and for Charles A. Westervelt, $260. Defendants appealed.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an action of trespass brought by the father of Elsie May Westervelt, as her next friend, and in his own right, to recover damages for personal injuries sustained by her through the alleged negligence of defendants. The plaintiff was employed by defendants in their store, and upon the day of the accident was occupied on the first floor. Having occasion to go to the third floor, she requested the operator of the elevator to take her up. He assented, and she got on the elevator. The operator playfully refused to let her off at the third floor, but carried…
2Cases cited2 opinions
- Stehle v. Jaeger Automatic Machine Co.Supreme Court of Pennsylvania · 1908
- Mack v. WrightSupreme Court of Pennsylvania · 1897
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- McGowan v. Devonshire Hall ApartmentsSuperior Court of Pennsylvania · 1980
- Commonwealth v. WilkinsSupreme Court of Pennsylvania · 1922
- Ludwig Klein and Valeria Klein v. Republic Steel CorporationCourt of Appeals for the Third Circuit · 1970
- Weimer Et Ux. v. Westm'd Water Co.Superior Court of Pennsylvania · 1937
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