Opinion
April 13, 1938.
April 25, 1938.
DiMarco v. Pennsylvania Railroad Company, 321 Pa. 568, held controlling.
Appeal, No. 119, April T., 1937, from judgment of C.P. Allegheny Co., July T., 1935, No. 2169, in case of Andrew Tarasovitch, Jr., by his father and next friend, Andrew Tarasovitch, Sr., and Andrew Tarasovitch, Sr. and Veronica Tarasovitch, his wife, in their own rights, v. Pennsylvania Railroad Company.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER and RHODES, JJ. Judgment affirmed.
Trespass for personal injuries. Before EGAN, J.
Verdict for minor plaintiff in sum of $1,000. Judgment entered for defendant n.o.v. Plaintiffs appealed.
Error assigned, among others, was judgment n.o.v.
Abe R. Cohen, with him Morris G. Levy and Levy Crone, for appellants.
Robert D. Dalzell, of Dalzell, McFall Pringle, for appellee.
Argued April 13, 1938.
The legal questions raised in this appeal are controlled by the decision of the Supreme Court in Di Marco v. Pennsylvania Railroad Company, 321 Pa. 568, 571, 183 A. 780.
On the authority of that case the judgment is affirmed.