Kessler v. Berger
Supreme Court of Pennsylvania
Appeal, No. 210, Jan. T., 1902, by plaintiff, from judgment of G. P. No. 4, Phila. Co., June T., 1901, No. 2395, on verdict for defendant in case of Howard Kessler by his father and next friend, Wiliam J. Kessler and William J. Kessler, in his own right, v. Gustav Berger. Trespass for personal injuries to a boy thirteen years old. Before Audenried, J.' The circumstances of the accident are stated in the opinion of the Supreme Court.
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Appeal, No. 210, Jan. T., 1902, by plaintiff, from judgment of G. P. No. 4, Phila. Co., June T., 1901, No. 2395, on verdict for defendant in case of Howard Kessler by his father and next friend, Wiliam J. Kessler and William J. Kessler, in his own right, v. Gustav Berger. Trespass for personal injuries to a boy thirteen years old. Before Audenried, J.' The circumstances of the accident are stated in the opinion of the Supreme Court. At the trial the court directed a verdict for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mb. Justice Mestrezat,
This action was tried before Judge Audeneied and a jury-in the common pleas No. 4 of Philadelphia county, and at the conclusion of plaintiff’s testimony, the defendant’s counsel moved the court for a nonsuit. This motion was denied. The defendant declined to offer any evidence and presented a point to the court that “ under all the evidence, the verdict should be for the defendant.” The record discloses no ruling on the point, but the court charged the jury as follows : “ This case is withdrawn from your consideration and upon the law I direct you to find a…
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