McGinnis v. Peoples Bros.
Supreme Court of Pennsylvania
Appeal, No. 79, Jan. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia'Co., June T., 1911, No. 3002, on verdict for plaintiff in case of William C. McGinnis, by His Father and Next Friend, James H. McGinnis, and James H. McGinnis in His Own Right, v. Robert I. Peoples, David Peoples and Andrew P. Peoples, Copartners, Trading as Peoples Brothers. Trespass to recover damages for. personal injuries.
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Appeal, No. 79, Jan. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia'Co., June T., 1911, No. 3002, on verdict for plaintiff in case of William C. McGinnis, by His Father and Next Friend, James H. McGinnis, and James H. McGinnis in His Own Right, v. Robert I. Peoples, David Peoples and Andrew P. Peoples, Copartners, Trading as Peoples Brothers. Trespass to recover damages for. personal injuries. Before Barratt, J. From the record it appeared that the infant plaintiff, who was six years and ten months old, sustained a fracture of both bones of his right leg while playing upon…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The learned trial judge erred in refusing the defendants’ first point for charge, the subject of the second assignment of error. He was requested to charge that if the boy climbed upon the wagon without the consent of the defendants or their driver, he was a trespasser, regardless of his age. The plaintiff admits that the boy in *338climbing on the defendants’ wagon was a trespasser, which is unquestionably true, and the jury should have been so instructed.
We are also compelled to sustain the fourth and fifth assignments which allege error in the court declining to…
2Cases cited1 opinion
- Gillespie v. McGowanSupreme Court of Pennsylvania · 1882
3Cited by10 opinions
- Petrowski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
- Cover v. Hershey Transit Co.Supreme Court of Pennsylvania · 1927
- Slother v. JaffeSupreme Court of Pennsylvania · 1947
- Perrin v. Glassport Lumber Co.Supreme Court of Pennsylvania · 1923
- Rapczynski Et Ux. v. W.T. Cowan, Inc.Superior Court of Pennsylvania · 1939
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