Tedesco v. Reading Company

Opinion by

Rhodes, J.,

This trespass action was brought against defendant to recover damages for injuries to minor plaintiff and for expenses incurred by his parents. At the conclusion of plaintiffs’ case defendant asked for binding in structions, which were refused. The jury found in favor of plaintiffs. Their motion for new trial and defendant’s motion for judgment n.o.v. were dismissed, and judgments were entered on the verdicts. These appeals by defendant followed.

Plaintiffs’ statement of claim averred that about 7:45 p.m. on November 24, 1939, the minor plaintiff was struck by a locomotive…