Fleming v. Kravitz
Supreme Court of Pennsylvania
Appeal, No. 139, Jan. T., 1917, by plaintiffs, from judgment of C. P. No. 2, Philadelphia Co., June T., 1916, No. 4090, refusing to take off com-, pulsory nonsuit in case of John Fleming, a minor, by his next friend and father, Thomas E. H. Fleming, and the said Thomas E. H. Fleming, in his own right, v. Israel Kravitz. Trespass for personal injuries. Before Rogers, J. • The facts appear by the opinion of the Supreme Court.
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Appeal, No. 139, Jan. T., 1917, by plaintiffs, from judgment of C. P. No. 2, Philadelphia Co., June T., 1916, No. 4090, refusing to take off com-, pulsory nonsuit in case of John Fleming, a minor, by his next friend and father, Thomas E. H. Fleming, and the said Thomas E. H. Fleming, in his own right, v. Israel Kravitz. Trespass for personal injuries. Before Rogers, J. • The facts appear by the opinion of the Supreme Court. The lower court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiffs appealed. Error assigned, among others, was in refusing to take off the…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
This case was properly decided in the court below. A child of six years in playing with a toy air gu.n in the barrel of which, for some undisclosed reason,- there was the stem'of an ordinary match, discharged it, with the *430result that the match struck the corner of the eye of the plaintiff’s boy, who was standing within a few feet. The boy struck was but a year or two older than the boy who discharged the gun. The injury he sustained was but slight. Action was brought by the father of the injured boy against the father of the boy who- discharged the gun, to…
2Cited by9 opinions
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- Lane v. ChathamSupreme Court of North Carolina · 1959
- Archibald v. JewellSuperior Court of Pennsylvania · 1918
- MENDOLA v. SambolSuperior Court of Pennsylvania · 1950
- Mendola v. SambolSuperior Court of Pennsylvania · 1949
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