MacKovitch Et Ux. v. Becker

Opinion by

Linn, J.,

Parents have judgment on a verdict in trespass for the death of their four year old child. Defendant contends here (1) that their contributory negligence bars recovery, but (2) if we should not so hold, that a new trial should be granted for misdirection concerning their failure to produce, or to account for the non-production of, a material witness.

Plaintiffs, in humble circumstances, with 4 children occupied 3 rooms and the cellar of a house in Pittsburgh on the east side of Spring Garden Avenue (33 feet between curbs), the house being located about 40 feet 'south'of…