Linderman v. Hershberger

Citations

• 47 Pa. Super. 308
• 1911 Pa. Super. LEXIS 154

Syllabus

<p>Negligence — Infant—Unloading wagon at sidewalk — Case for jury — ■ Damages — Permanent injuries — Evidence.</p> <p>1. In an action to recover damages for injuries to a boy eight years old, the case is for the jury where the evidence tended to show that defendant’s driver at the time of the accident was unloading beer kegs from a wagon standing alongside the curb of a street, by tossing them across the sidewalk into a lot adjoining defendant’s premises, that the child in running on the sidewalk was struck by one of the beer lcegs,. and that the driver could have seen the boy in time, and could have prevented the accident, if he had taken the simple precaution of looking.</p> <p>2. While the occupants of places of business upon public streets may have a right to use, in a reasonable manner, the sidewalk in front of their premises in receiving and sending out merchandise, yet the law imposes upon such person as it does upon all others using the sidewalk for any other lawful purpose, the duty to exercise their right with a due regard to the safety of pedestrians.</p> <p>3. Where in such a ease there is evidence that the wound on the boy’s head was about two inches in length and extended in depth to the skull bone, and that there remained a large scar and a depression of the skull which in all probability would be permanent, and that the boy who was a bright boy with good health and memory had from the time of the accident become nervous, with his memory affected and with periods of pain in his head, the evidence is sufficient to justify a jury in awarding damages for permanent injuries.</p> <p>Appeals — Assignments of error — Charge of court — Stenographers.</p> <p>4. Assignments of error to the charge of the court will not be considered where the record fails to show any request before verdict that the charge be reduced to writing from the stenographer’s notes, and filed of record.</p>