MAGERKO v. W. PENN RWYS. CO.


365 Pa. 609 (1950)

Magerko et al., v. West Penn Railways Company, Appellant.

Supreme Court of Pennsylvania.

November 20, 1950.


Attorney(s) appearing for the Case

William A. Challener, Jr., with him Challener & Challener, for appellant.

J. Thomas Hoffman, with him David S. Palkovitz, for appellees.

Before DREW, C.J., STERN, STEARNE, JONES, LADNER and CHIDSEY, JJ.


OPINION BY MR. CHIEF JUSTICE DREW, November 20, 1950:

This action of trespass was brought against the West Penn Railways Company, defendant, by Frank Magerko, as guardian of his minor son, and by Frank Magerko and Helen D. Magerko, his wife, as parents in their own right, to recover damages for injuries sustained by the minor plaintiff and loss sustained by them. The minor was twenty-one months old at the time of the accident when he was run over by a street car of...

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