Castor v. Schaefer
Supreme Court of Pennsylvania
Appeal, No. 244, Jan. T., 1908, by plaintiffs, from order of C. P. No. 2, Phila. Co., Dec. T., 1905, No. 4,148, refusing to take off nonsuit in case of Louisa Castor, a minor, by her next friend and guardian, Calvin H. Castor, and George J. Castor, Administrator of the Estate of Frank H. Castor, deceased, v. Louisa K. Schaefer and John Birkman, Executor of George Birkman, deceased. Trespass to recover damages for personal injuries.
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Appeal, No. 244, Jan. T., 1908, by plaintiffs, from order of C. P. No. 2, Phila. Co., Dec. T., 1905, No. 4,148, refusing to take off nonsuit in case of Louisa Castor, a minor, by her next friend and guardian, Calvin H. Castor, and George J. Castor, Administrator of the Estate of Frank H. Castor, deceased, v. Louisa K. Schaefer and John Birkman, Executor of George Birkman, deceased. Trespass to recover damages for personal injuries. Before WlLTBANK, J. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off.…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff, a young girl under the age of fourteen, while attempting to cross a street in the city of Philadelphia, at a public crossing in daytime, was run over by a passing team driven by George Birkman, the original defendant, since deceased, whose executors have been substituted on the record. It was charged that plaintiff had sustained her injuries in consequence of the negligence and carelessness of defendant in driving his horse at a rapid and excessive rate of speed, and failure on his part to direct its course of travel with due regard to the safety…
2Cited by2 opinions
- Kerbaugh v. United States Express Co.Superior Court of Pennsylvania · 1914
- Bentel v. Public Ledger Co.Superior Court of Pennsylvania · 1918