Menhennet v. Davis
Superior Court of Pennsylvania
Appeal, No. 27, Oct. T., 1918, by defendant, from judgment of O. P. No. 2, Philadelphia County, March T., 1915, No. 2760, on verdict for plaintiff in case of Richard Menhennet v. Alvah M. Davis. Assumpsit. Before Wessel, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $800 and judgment thereon. Defendant appealed. Error assigned, among others, was the charge of the court and in refusing defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion bt
Trexler, J.,
The minor son of the plaintiff was injured by being struck by the team of the defendant in charge of his servant. The plaintiff presented proof showing that the defendant had several conversations with the plaintiff and his wife and on these occasions agreed that he would in consideration of the plaintiff not bringing suit, pay all the trouble and expenses growing out of his injuries. The summary of the testimony in this respect is that after expressing his regret for the accident and the carelessness of his driver, defendant stated that if plaintiff would cause him no…
2Cases cited5 opinions
- Commonwealth v. RazmusSupreme Court of Pennsylvania · 1905
- Knights of Pythias Benevolent Ass'n of Coal Centre v. LeadbeterSuperior Court of Pennsylvania · 1896
- Medis v. BentleySupreme Court of Pennsylvania · 1907
- Hilty v. Saltsburg Coal Mining Co.Superior Court of Pennsylvania · 1913
- Kelly v. Burnham, Williams & Co.Supreme Court of Pennsylvania · 1915
3Cited by5 opinions
- Szczygielski v. Travelers Ins. Co.Superior Court of Pennsylvania · 1934
- Commonwealth v. BerrymanSuperior Court of Pennsylvania · 1919
- Commonwealth v. Hefferman and BrodskiSuperior Court of Pennsylvania · 1929
- Capristo v. Gross (Et Al.)Superior Court of Pennsylvania · 1938
- Whitaker v. RichmonSuperior Court of Pennsylvania · 1919