MacHaterre v. Dusha

The evidence in this case discloses that the plaintiff, Thomas Machaterre, was a minor about seven years of age, and was struck by a trailer of the defendant, which was attached to, and being drawn by, defendant’s motor truck. The claim of the plaintiff below was that he was standing on the curb, and that the trailer swung over the curb and hit him. The claim of the defendant below was that the plaintiff ran into the street and into the moving trailer, and thereby sustained his injury. Each of these claims was supported by evidence. Upon trial in the Common Pleas Court, the jury returned a…