Hickerson v. Daskam

• Decision Date: 02 January 1934
• Docket Number: 284,283
• Citation: 313 Pa. 379,169 A. 769
• Parties: Hickerson et al. v. Daskam, Appellant
• Court: Pennsylvania Supreme Court

169 A. 769

313 Pa. 379

Hickerson et al. v. Daskam, Appellant

Nos. 283, 284

Supreme Court of Pennsylvania

January 2, 1934

Argued December 1, 1933

Appeals, Nos. 283, 284, Jan. T., 1933, by defendant, from judgments of C.P. No. 4, Philadelphia Co., Dec. T., 1930, No 3374, in case of W. Dwight Hickerson, a minor, by his next friends, William J. Hickerson et ux., and William J Hickerson et ux., in their own rights, v. Max F. Daskam. Judgments affirmed.

Trespass for personal injuries. Before FINLETTER, P.J.

The opinion of the Supreme Court states the facts.

Verdict for parent plaintiffs for $1,717.33, and for minor plaintiff for $7,500, reduced to $4,000, and judgments thereon. Defendant appealed.

Error assigned, inter alia, was refusal of new trial, quoting record.

Judgments affirmed.

Frank R. Ambler, with him Harry S. Ambler, Jr., for appellant.

Robert T. McCracken and Laurence H. Eldredge, of Montgomery & McCracken, for appellees, were not heard.

Before FRAZER, C.J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.

OPINION

PER CURIAM:

Defendant appeals from judgments entered against him in an action of trespass to recover damages for injuries incurred by the minor-plaintiff when struck by defendant's automobile. The accident occurred about noon April 19, 1930, on the premises of the McCallum Manor Apartments in Germantown, a suburb of Philadelphia. Defendant stopped his car on the private driveway at the entrance to the apartments and entered the building to deliver a letter. The driveway of this apartment house is about ten feet above the level of the street and constitutes an arc, the highest point of which is immediately opposite the entrance to the building. During defendant's absence, for some unexplained reason the unoccupied machine coasted down the slope about seventy feet to another driveway leading to the rear of the apartments. At this point, the driverless car collided with the minor-plaintiff who was there in company with two other lads, all of whom were riding bicycles. The child suffered serious and painful injuries from which he has not entirely recovered. The jury awarded $1,717.33 to the parents for expenses incurred and $7,500 to the minor for pain and suffering. The latter sum was reduced by the trial court to $4,000, for which amount judgment was subsequently entered.

Appellant argues that the damage suffered does not warrant the amount of the reduced verdict and that the facts show no negligence on the part of defendant. Neither contention can be sustained. In...