Nichol v. Bell Telephone Co.
Supreme Court of Pennsylvania
Appeals, Nos. 130, 131, by plaintiffs, from order of C. P. No. 1, Phila. Co., Sept. T., 1916, No' 2260, refusing to take off nonsuit in ease of William H. Nichol, by his father and next friend, William G. Nichol, and William G. Nichol, in his own right, v. Bell Telephone Company of Pennsylvania. Trespass to recover damages for personal injuries to a child five years old. Before Si-ioemaker, J. The facts appear by the opinion of the Supreme Court.
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Appeals, Nos. 130, 131, by plaintiffs, from order of C. P. No. 1, Phila. Co., Sept. T., 1916, No' 2260, refusing to take off nonsuit in ease of William H. Nichol, by his father and next friend, William G. Nichol, and William G. Nichol, in his own right, v. Bell Telephone Company of Pennsylvania. Trespass to recover damages for personal injuries to a child five years old. Before Si-ioemaker, J. The facts appear by the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Plaintiffs appealed. Error assigned was order…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
These actions are for injuries to a child, caused by tripping upon a telephone wire,, in which the father brings suit as next friend and in his own right. Plaintiffs reside at 6106 Walnut street, Philadelphia, and a family named Gambino resides on the adjoining lot; their back yards being separated by an iron fence which consists of posts with rails near the top and bottom through which upright bent rods extend, with the loops *466at the top, making what is known as a “hairpin fence” about three feet high. In the summer of 1915 the defendant, at Mr. Gambinos request,…
2Cases cited24 opinions
- Kay v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Stearns v. Ontario Spinning Co.Supreme Court of Pennsylvania · 1898
- Spickernagle v. WoolworthSupreme Court of Pennsylvania · 1912
- Hall v. . New York Telephone Co.New York Court of Appeals · 1915
- Baltimore & Ohio Railroad v. SchwindlingSupreme Court of Pennsylvania · 1883
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3Cited by13 opinions
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
- Durning v. HymanSupreme Court of Pennsylvania · 1926
- Skeen Et Vir v. Stanley Co. of AmericaSupreme Court of Pennsylvania · 1949
- Cousins v. YaegerDistrict Court, E.D. Pennsylvania · 1975
- Layman v. GearhartSupreme Court of Pennsylvania · 1957
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