Patton v. Franc

Opinion by

Mr. Justice Musmanno,

Alviena Patton, ten years of age, was grievously injured when her sled was struck by an automobile operated by Charles Franc in Honesdale, Wayne County on January 18, 1958. Through her father Rendell Patton (who joined her as plaintiff in his own right) she brought a suit in trespass against Franc. At the ensuing trial the jury returned a verdict for the defendant. Upon the refusal of the trial court to grant a new trial, the plaintiffs appealed.

The main factual issue in the case was whether, as the defendant contended, the child rode her sled down a hill into…