Legal Opinion

Idell v. Day

Superior Court of Pennsylvania

Decided March 3, 1922No. Appeal, No. 45PublishedCited by 2 opinions

Appeal, No. 45, Oct. T., 1921, by defendant, from judgment of O. P. No. 2, Phila. Co., March T., 1920, No. 4673, on verdict for plaintiffs, in the case of Betty Idell, a minor, by her next friend and father, Morris Idell, and Morris Idell, in his own right, v. Elbert O. Day. Trespass to recover damages for personal injuries. Before Rogers, J. The opinion of the Superior Court states the case.

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Appeal, No. 45, Oct. T., 1921, by defendant, from judgment of O. P. No. 2, Phila. Co., March T., 1920, No. 4673, on verdict for plaintiffs, in the case of Betty Idell, a minor, by her next friend and father, Morris Idell, and Morris Idell, in his own right, v. Elbert O. Day. Trespass to recover damages for personal injuries. Before Rogers, J. The opinion of the Superior Court states the case. Verdict and judgment in favor of the plaintiff, Betty Idell, in the sum of $1,300, and in favor of Morris Idell, in the sum of $200. Defendant appealed. Errors assigned were refusal to give binding…

1Opinion of the Court

Pee Curiam,

This action in trespass was brought by a minor daughter, by her father as next friend, and the father in his own right, against the defendant to recover damages for injuries received in a collision between the defendant’s automobile with some children coasting on a flexible sled. A verdict was recovered in’ favor of each of the named plaintiffs, and one appeal was taken from the two judgments as entered on the verdict. Such procedure is not warranted. The alleged rights of the parties are separate and distinct, and there is no authority for a joint appeal: Bitler’s Est., 30 Pa.…

2Cases cited10 opinions

  1. Idell v. DaySupreme Court of Pennsylvania · 1922
  2. McGlinn's EstateSupreme Court of Pennsylvania · 1921
  3. Rinker v. Colonial Iron Co.Superior Court of Pennsylvania · 1917
  4. Shaw v. Plains TownshipSupreme Court of Pennsylvania · 1921
  5. Samson's EstateSuperior Court of Pennsylvania · 1903

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3Cited by2 opinions

  1. Commonwealth ex rel. Dugan v. DaySuperior Court of Pennsylvania · 1956
  2. Commonwealth v. AndoukitisSuperior Court of Pennsylvania · 1924

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