Bernstein ex rel. Bernstein v. Ernst

Citations

• 194 Pa. 432
• 45 A. 312
• 1900 Pa. LEXIS 410

Syllabus

<p>Negligence — Infant—Child run over by wagon.</p> <p>In an action by a boy ten years of age against the owner of a wagon to recover damages for personal injuries a verdict and judgment for defendants will be sustained where the evidence for the defendants, although contradicted, tended to show that the boy had been hanging on the tailboard of another wagon, and had suddenly darted from behind this wagon and ran against the step of defendant’s wagon.</p> <p>Appeals — Assignments of error — Harmless error.</p> <p>Where a jury in an accident case, on conflicting evidence, after being properly instructed, finds in favor of defendants, rejected questions as to the condition of the plaintiff, submitted to an expert witness, become immaterial, and will not be considered by the Supreme Court.</p>