Rankin v. Ward Baking Co., 23

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtMR. JUSTICE WALLING:
Citation272 Pa. 108,116 A. 58
Decision Date03 January 1922
Docket Number24,23
PartiesRankin et al. v. Ward Baking Co., Appellant

116 A. 58

272 Pa. 108

Rankin et al.
v.
Ward Baking Co., Appellant

Nos. 23, 24

Supreme Court of Pennsylvania

January 3, 1922


Argued: October 10, 1921

Appeals, Nos. 23 and 24, Oct. T., 1921, by defendant, from judgments of C.P. Allegheny Co., April T., 1920, No. 2615, on verdicts for plaintiffs, in case of Florence Rankin, a minor, by her next friend and father, Thomas W. Rankin, and Thomas W. Rankin, in his own right, v. Ward Baking Company. Affirmed.

Trespass for injuries to child. Before STONE, J.

The opinion of the Supreme Court states the facts.

Verdict and judgment for Florence Rankin for $10,000, and for Thomas W. Rankin for $2,500. Defendant appealed.

Errors assigned were (1) refusal of new trial; (2) refusal of binding instructions for defendant and (3) refusal of judgment for defendant n.o.v., quoting record.

The assignments of error are overruled and the judgments are affirmed.

W. Clyde Grubbs, for appellant. -- There was no case for the jury: Holden v. R.R., 169 Pa. 1; Kohler v. R.R., 135 Pa. 346; Maloy v. Rosenbaum Co., 260 Pa. 466.

The verdicts were excessive.

H. Fred Mercer, for appellees. -- The case was for the jury: Mulhern v. Bread Co., 257 Pa. 22; Silberstein v. Showell Fryer & Co., 267 Pa. 298; Schoepp v. Gerety, 263 Pa. 538; McMonagle v. Simpers, 267 Pa. 117.

The verdict was not excessive: Willenpart v. Elevator Co., 269 Pa. 131.

Before MOSCHZISKER, C.J., FRAZER, WALLING, KEPHART, SADLER and SCHAFFER, JJ.

OPINION [116 A. 59]

[272 Pa. 110] MR. JUSTICE WALLING:

This action is for injuries to a minor child. On November 10, 1919, Florence Rankin, while crossing Franklin Avenue, Wilkinsburg, on her way to school, was struck and seriously injured by one of defendants autotrucks. Verdicts were rendered for father and daughter and, from judgments entered thereon, defendant brought these appeals.

Franklin Avenue extends east and west at the width of 50 feet, with a paved cartway, 30 feet wide, in the center of which is a double track street railway, the one to the south being eastbound. Between the track and the curb is an open space of eight feet on each side. The Johnson public school is on the south side of the avenue, and 357 feet to the west thereof a very narrow street called Elvia Way intersects the avenue from the north, as does another street between that and the school house. At about one o'clock on that day, as the minor plaintiff, then six years of age, accompanied by another small girl, was going north across the avenue she was knocked down and run over by defendant's truck, which was traveling westerly in the north street railway track. There was a sharp conflict in the evidence, that...

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19 practice notes
  • Hansen v. Standard Oil Co. of California, 6165
    • United States
    • United States State Supreme Court of Idaho
    • April 30, 1935
    ...N.J.L. 568, 129 A. 922.) $ 10,000.--Girl, 6, leg crushed, in hospital 5 months, permanent deformity of leg. (Rankin v. Ward Baking Co., 272 Pa. 108, 116 A. 58.) $ 10,000.--Woman, compound spiral fracture of leg, shortened, reduced from $ 13,000. (Samuels v. Hiawatha Holstein Dairy Co., 115 ......
  • Simmons v. Mullen
    • United States
    • Superior Court of Pennsylvania
    • December 11, 1974
    ...A. 74 (1917). The tendency of small children to dart across streets near schools cannot be ignored by drivers. Rankin v. Ward Baking Co., 272 Pa. 108, 116 A. 58 (1922). Further, the obstructions here meant that the children had reason to leave the sidewalk and that appellant's scope of visi......
  • Smith v. Shatz
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 30, 1938
    ...evidence of negligence on the part of the driver of an automobile. King v. Brillhart, 271 Pa. 301, 114 A. 515; Rankin v. Ward Baking Co., 272 Pa. 108, 116 A. 58; Robb v. Quaker City Cab Co., 283 Pa. 454, 129 A. 331; Beyrent v. Kaplan, 315 Pa. 353, 172 A. 651, 92 A.L.R. 1515. The testimony i......
  • Murphy v. Clayton, (No. 219.)
    • United States
    • Supreme Court of Arkansas
    • March 25, 1929
    ...cases: McFaddin v. Anderson Motor Co., 118 S. C. 309, 108 S. E. 919; Frank v. Cohen, 288 Pa. 221, 135 A. 624; Rankin v. Ward Baking Co., 272 Pa. 108, 116 A. 58; Silberstein v. Showell, Fryer & Co., 267 Pa. 298, 109 A. 701; Mulhern v. Philadelphia Homemade Bread Co., 257 Pa. 22, 101 A. 74; L......
  • Request a trial to view additional results
19 cases
  • Hansen v. Standard Oil Co. of California, 6165
    • United States
    • United States State Supreme Court of Idaho
    • April 30, 1935
    ...N.J.L. 568, 129 A. 922.) $ 10,000.--Girl, 6, leg crushed, in hospital 5 months, permanent deformity of leg. (Rankin v. Ward Baking Co., 272 Pa. 108, 116 A. 58.) $ 10,000.--Woman, compound spiral fracture of leg, shortened, reduced from $ 13,000. (Samuels v. Hiawatha Holstein Dairy Co., 115 ......
  • Simmons v. Mullen
    • United States
    • Superior Court of Pennsylvania
    • December 11, 1974
    ...A. 74 (1917). The tendency of small children to dart across streets near schools cannot be ignored by drivers. Rankin v. Ward Baking Co., 272 Pa. 108, 116 A. 58 (1922). Further, the obstructions here meant that the children had reason to leave the sidewalk and that appellant's scope of visi......
  • Smith v. Shatz
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 30, 1938
    ...evidence of negligence on the part of the driver of an automobile. King v. Brillhart, 271 Pa. 301, 114 A. 515; Rankin v. Ward Baking Co., 272 Pa. 108, 116 A. 58; Robb v. Quaker City Cab Co., 283 Pa. 454, 129 A. 331; Beyrent v. Kaplan, 315 Pa. 353, 172 A. 651, 92 A.L.R. 1515. The testimony i......
  • Murphy v. Clayton, (No. 219.)
    • United States
    • Supreme Court of Arkansas
    • March 25, 1929
    ...cases: McFaddin v. Anderson Motor Co., 118 S. C. 309, 108 S. E. 919; Frank v. Cohen, 288 Pa. 221, 135 A. 624; Rankin v. Ward Baking Co., 272 Pa. 108, 116 A. 58; Silberstein v. Showell, Fryer & Co., 267 Pa. 298, 109 A. 701; Mulhern v. Philadelphia Homemade Bread Co., 257 Pa. 22, 101 A. 74; L......
  • Request a trial to view additional results

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