Minute v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeals, Nos. 15 and 16, Jan. T., 1919, by defendant, from judgments of C. P. No. 2, Phila. Co., June T., 1914, No. 2618, on verdicts for plaintiffs in case of John Minute, by his next friend and father, Albano Minute, and Albano Minute, in his own right, v. Philadelphia & Reading Railway Company. Trespass by a boy nine years old and his father to recover damages for personal injuries.
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Appeals, Nos. 15 and 16, Jan. T., 1919, by defendant, from judgments of C. P. No. 2, Phila. Co., June T., 1914, No. 2618, on verdicts for plaintiffs in case of John Minute, by his next friend and father, Albano Minute, and Albano Minute, in his own right, v. Philadelphia & Reading Railway Company. Trespass by a boy nine years old and his father to recover damages for personal injuries. Before Wessel, J. Vérdict and judgment for John Minute for $7,500, and for Albano Minute for $2,500. Defendant appealed. Errors assigned were in overruling defendant’s motion for judgments n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Kephaet,
This action is the outcome of an injury inflicted by the appellant upon John Minute, a boy nine years of age. The boy crossed the railroad tracks to see his father and, in returning, he climbed on top of a car in a train, with the intention of passing over it and continuing to his home. Just as he reached the end sill of the car, a man dressed as brakemen are usually dressed, with overalls, cap, carrying a brake stick and brakeman’s lantern, appeared at the other end of the same car. The jury, from the evidence, could have found that the car started to move with…
2Cases cited6 opinions
- Petrowski v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
- Trevethan v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914
- Pollack v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
- Di Meglio v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1915
- Indian v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Frederick v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1939
- Hughes v. Murdoch Storage & Transfer Co.Supreme Court of Pennsylvania · 1920
- Slother v. JaffeSupreme Court of Pennsylvania · 1947
- Misorski v. Pennsylvania R.R. Co.Supreme Court of Pennsylvania · 1943
- Burkett v. Van TineSupreme Court of Pennsylvania · 1923
6 more not listed; retrieve them via the Exa API.