Bloom v. Whelan
Superior Court of Pennsylvania
Appeal, No. 295, Oct. T., 1912, by defendant, from judgment of C. P., No. 4, Pfiila. Co., Sept. T., 1910, No. 2,629, on verdict for plaintiff in case of Arthur Bloom, by his next friend and father, Abraham Bloom, v. Patrick J. Whelan. Trespass to recover damages for personal injuries to a boy five years old. Before Audenried, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff, Arthur Bloom, for $500. Defendant appealed.
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Appeal, No. 295, Oct. T., 1912, by defendant, from judgment of C. P., No. 4, Pfiila. Co., Sept. T., 1910, No. 2,629, on verdict for plaintiff in case of Arthur Bloom, by his next friend and father, Abraham Bloom, v. Patrick J. Whelan. Trespass to recover damages for personal injuries to a boy five years old. Before Audenried, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff, Arthur Bloom, for $500. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Head, J.,
In this case, as in many of its class, the testimony as to the most material feature presents such radical contradictions that it would be difficult, if not impossible, for the jury to reconcile them. In this respect their verdict establishes they believed and adopted the testimony advanced in behalf of the plaintiff. Many of the important facts are not in controversy.
The defendant was driving his own car at the time it struck the plaintiff child. He was driving along a street over which he frequently passed. The street was paved with fire brick and was not traversed by any…
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