Opinion
December 5, 1935.
January 6, 1936.
Before FRAZER, C. J., SCHAFFER, MAXEY, DREW, LINN and BARNES, JJ.
Appeals, Nos. 327 and 328, Jan. T., 1935, by plaintiffs, from judgment of C. P. No. 5, Phila. Co., Sept. T., 1933, No. 5665, in case of Joseph N. Rosemiller, by his next friends and parents, William J. Rosemiller and Edna L. Rosemiller, and William J. Rosemiller and Edna L. Rosemiller, in their own right, v. Lulu Biswanger. Judgment and order affirmed.
Trespass. Before BROWN, J.
Verdict and judgment for defendant. Plaintiffs appealed.
Errors assigned, among others, were various parts of charge.
Harry M. Penneys, with him Otto Kraus, Jr., for appellant.
Harold B. Beitler, for appellee, was not heard.
Upon the trial of this action of trespass to recover damages for personal injuries sustained by the minor plaintiff, the jury returned a verdict in favor of defendant. The testimony developed a clear question of fact as to defendant's negligence which was submitted to the jury in a charge which we find to be free from reversible error. A careful examination of the record discloses no ground for disturbing the verdict.
The judgment and order of the court below, refusing plaintiff's motion for a new trial, is affirmed.