Jaeger v. Sidewater

• Decision Date: 02 January 1951
• Citation: 366 Pa. 481,77 A.2d 434
• Parties: JAEGER v. SIDEWATER.
• Court: Pennsylvania Supreme Court

77 A.2d 434

366 Pa. 481

JAEGER v. SIDEWATER.

Supreme Court of Pennsylvania.

January 2, 1951

Trespass action by John William Jaeger, a minor by John Carl Jaeger, his guardian and John Carl Jaeger, father, in his own right against Philip A. Sidewater, individually, and trading as Philip A. Sidewater & Company, for personal injuries sutained by minor when he was run over by defendant's truck. The Court of Common Pleas, No. 5 (Tried in C.P. No 7), December Term, 1948, No. 3512, Crumlish, J., entered a compulsory non-suit and dismissed a motion to remove the non-suit, and plaintiff appealed. The Supreme Court, No. 201 January Term, 1950, Drew, C. J., held that where assistance of infant in helping truck driver and his helper load bales of paper on truck was not necessary in any way to furtherance of business of truck owner, infant was only a trespasser as to owner, who would be liable to infant, only if infant could show some wanton act or willful misconduct by driver while managing the truck.

Judgment affirmed.

Matthew Kramer, I. Finkelstein, Philadelphia, for appellants.

John B. Martin, Henry T. Reath, Duane, Morris & Heckscher, all of Philadelphia, for appellee.

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

DREW Chief Justice.

John Carl Jaeger brought this action in trespass in his own right and as guardian of his minor son John William Jaeger to recover for personal injuries suffered by minor plaintiff when he was run over by defendant's truck. A compulsory non-suit was entered at the close of plaintiffs' case and they now appeal from an order dismissing a motion to remove this non-suit.

Prior to the accident, minor plaintiff, who was then 13 years old had been searching with other boys for pieces of copper through some piles of refuse in the municipal dump in South Philadelphia. Stacks of scrap paper were being baled near where the boys were searching when defendant's truck arrived to pick up two of the bales. Minor plaintiff assisted the driver and his helper in loading them on the truck. The boy then asked defendant's driver for a ride to his home near the intersection of Hancock Street and Oregon Avenue in South Philadelphia and was told to climb on the truck. When they reached the intersection defendant's driver stopped the truck and minor plaintiff began to alight. However, before he had gotten off the truck, it started with a jerking motion and he, losing his hold fell under the truck and...