Legal Opinion

Cunningham v. Rogers

Supreme Court of Pennsylvania

Decided June 22, 1909PublishedCited by 16 opinions

Appeal, No. 126, Jan. T., 1908, by plaintiffs, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1903, No. 1,996, on verdict for defendants in case of George L. Cunningham, by his next friend and mother, Mary E. Cunningham, and Mary E. Cunningham v. John I. Rogers and Alfred J. Reach. Trespass to recover damages for personal injuries. Before Willson, P. J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for defendants. Plaintiffs appealed.

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Appeal, No. 126, Jan. T., 1908, by plaintiffs, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1903, No. 1,996, on verdict for defendants in case of George L. Cunningham, by his next friend and mother, Mary E. Cunningham, and Mary E. Cunningham v. John I. Rogers and Alfred J. Reach. Trespass to recover damages for personal injuries. Before Willson, P. J. The facts appear by the opinion of the Supreme Court. Verdict and judgment for defendants. Plaintiffs appealed. Errors assigned were (1-4) various rulings on evidence but not setting forth in the assignments the answers to questions or…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This was an action of trespass brought to recover damages for personal injuries sustained by plaintiff, on August 8, 1903, by reason of the fall of a portion of the grand stand at the Philadelphia Ball Park. Plaintiff, a minor, was seated beside his father on the upper row of seats at the back of the stand. A balcony or passageway in their rear, which overhung Fifteenth street, gave way under the weight of the crowd and fell into the street, carrying down with it the rear seats and those seated upon them. The father was killed and the son seriously hurt. This suit…

2Cited by16 opinions

  1. Harris (Et Ux.) v. Lewistown Tr. Co.Supreme Court of Pennsylvania · 1936
  2. Reitmeyer v. SprecherSupreme Court of Pennsylvania · 1968
  3. Briggs v. City of PhiladelphiaSuperior Court of Pennsylvania · 1933
  4. Wolk v. Pittsburgh Hotels Co.Supreme Court of Pennsylvania · 1925
  5. Harte v. JonesSupreme Court of Pennsylvania · 1926

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