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· 4/18/1910

McCarthy v. Rapid Transit Co.

Citations

  • 42 Pa. Super. 526
  • 1910 Pa. Super. LEXIS 372

Syllabus

<p>Negligence — Damages—Disease—St. Vitus’s dance — Street railways.</p> <p>In an action against a street railway company to recover damages for personal injuries to a child two years old, the question whether the plaintiff was suffering at the time of the trial from St. Vitus’s dance is properly withdrawn from the jury, where the evidence shows that the child had substantially recovered from the results of the accident in less than three months thereafter, and that symptoms of St. Vitus’s dance were not noticed until eighteen months thereafter and no expert testified that the disease was the result of the accident although it might result from a physical injury.</p>

Judges: Beaver, Head, Henderscn, Morrison, Orlady, Porter, Rice

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