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4 Walk. 265

Knickerbocker Ice Co. v. Brooks

Supreme Court of Pennsylvania

Decided April 6, 1885

Supreme Court of Pennsylvania · decided 1885-04-06

1, of Philadelphia county, No. 129 July Term, 1884. This was an action by James S. Brooks, against the Knickerbocker Ice Company, to recover damages for having run over his female child. The child was five years of age at the time of the accident, and was passing from Miller’s grocery store, on the southwest corner of Eighteenth and Reed streets, to the drug store on the southeast corner.

Decided 1885-04-06

¶1The Supreme Court affirmed the judgment of the Common Pleas on April 6th, 1885, in the following opinion :

Per Curiam.

¶2No error is assigned to the form of the reservation. It must therefore be considered and determined on the language thereof; In view of this fact there certainly was no error in entering judgment thereon in favor of the plaintiff below. The point would not justify any other judgment. It is very vague and indefinite. The specific place where the child was suffered to go at large is not mentioned. Nor is it stated where she was injured, nor that the injury was occasioned in consequence of her being allowed to go at large. The point should aver facts,. *267which by themselves establish the specific negligence which contributed to the injury, to justify the entry of a judgment in favor of the defendant below, non obstante veredicto. It cannot be bolstered up by adding thereto any outside facts.

¶3Judgment affirmed.

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