89 Pa. Super. 278 | Pa. Super. Ct. | 1926
Argued October 8, 1926. These appeals are from judgments in favor of the plaintiffs in an action to recover for injuries to the minor plaintiff, a boy seven years of age, alleged to have resulted from the negligence of the driver of defendant's wagon in so frightening the boy that he fell from the wagon directly in the path of a truck which was closely following and was seriously injured. The verdicts were in favor of the plaintiffs and the only alleged error properly assigned is to the refusal of the court to give binding instructions in favor of the defendant.
The trial judge submitted the disputed questions of fact to the jury in a charge which was so favorable to the defendant that no exception thereto was taken. The only error assigned being the refusal of the court to give binding instructions in favor of the defendant the testimony must not only be read in the light most advantageous to the plaintiffs, all conflicts therein being resolved in their favor, but they must be given the benefit of every fact and inference of fact, pertaining to the issues involved, which may reasonably be deduced from the evidence: Uhler v. Jones,
The judgments are affirmed.