Legal Opinion

Wind v. Steiert & Son

Superior Court of Pennsylvania

Decided February 28, 1919No. Appeal, No. 144PublishedCited by 8 opinions

Appeal, No. 144, Oct. T., 1918, by plaintiff, from judgment of Municipal Court of Philadelphia Co., Oct. T., 1917, No. 688, for defendant non obstante veredicto, in case of Nice Wind v. Alois Steiert and Herman A. Steiert, trading as Steiert. & Son. Trespass to recover damages for death, of plaintiffs minor son.

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Appeal, No. 144, Oct. T., 1918, by plaintiff, from judgment of Municipal Court of Philadelphia Co., Oct. T., 1917, No. 688, for defendant non obstante veredicto, in case of Nice Wind v. Alois Steiert and Herman A. Steiert, trading as Steiert. & Son. Trespass to recover damages for death, of plaintiffs minor son. Before MacNeille, J. At the trial it appeared that the son of the plaintiff, a boy about nine years old, was injured as the result of his jumping, or being thrown, from a truck owned by the defendants on which he was riding. The circumstances of the accident are recited in the opinion…

1Opinion of the Court

Opinion by

Orlady, P. J.,

This action was brought to recover damages for the death of a nine-year-old son of the plaintiff, resulting from his jumping or being thrown from a truck owned by the defendants, on which he was riding. The plaintiff recovered a verdict, which was subsequently set aside, and judgment was entered for the defendant on its motion, non obstante veredicto. The controlling facts are not disputed. The defendants used in their business a *196heavy truck of the commercial type. The driver, John Lynch, had been in their employ for a number of years, was considered careful and…

2Cases cited8 opinions

  1. Thompson v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1907
  2. Guille v. CampbellSupreme Court of Pennsylvania · 1901
  3. Simmons v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1901
  4. White v. RoydhouseSupreme Court of Pennsylvania · 1905
  5. Leithold v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1911

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Hughes v. Murdoch Storage & Transfer Co.Supreme Court of Pennsylvania · 1920
  2. Borzik v. MillerSupreme Court of Pennsylvania · 1960
  3. Clark v. Harnischfeger Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1933
  4. Perrin v. Glassport Lumber Co.Supreme Court of Pennsylvania · 1923
  5. Collins v. RosenbergSuperior Court of Pennsylvania · 1932

3 more not listed; retrieve them via the Exa API.

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