Scowden v. Erie Railroad
Superior Court of Pennsylvania
Appeal, No. 146, April T., 1904, by defendant, from judgment of C. P. Crawford Co., May T., 1902, No. 75, on verdict for plaintiff in case of Edward A. Scowden v. Erie Railroad Company. Trespass to recover damages for the killing of horses. Before Thomas, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for 1254.59. Defendant appealed. JError assigned was in not giving binding instructions for defendant.
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Appeal, No. 146, April T., 1904, by defendant, from judgment of C. P. Crawford Co., May T., 1902, No. 75, on verdict for plaintiff in case of Edward A. Scowden v. Erie Railroad Company. Trespass to recover damages for the killing of horses. Before Thomas, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for 1254.59. Defendant appealed. JError assigned was in not giving binding instructions for defendant. The present action is an action of tort, and such action does notlie for the loss of plaintiff’s horses because of the obligation on the…
1Opinion of the Court
Opinion by
Mobbison, J.,
The railroad operated by the defendant company runs through .the plaintiff’s farm. For sometime prior to the injury complained of the plaintiff had been pasturing his horses in a field which was separated from the railroad by a fence. The plaintiff alleged and proved that this fence had been for some time decayed and dilapidated and in an unsafe condition, but notwithstanding this he continued to pasture his horses in this field until they pushed or broke down the fence and strayed upon the railroad track and were killed by one of the defendant’s regular trains.…
2Cases cited5 opinions
- City of Erie v. MagillSupreme Court of Pennsylvania · 1882
- Boyle v. Borough of Mahanoy CitySupreme Court of Pennsylvania · 1898
- Mason v. PhiladelphiaSupreme Court of Pennsylvania · 1903
- Kelly v. Nypano RailroadSupreme Court of Pennsylvania · 1901
- Drake v. Philadelphia & Erie RailroadSupreme Court of Pennsylvania · 1866
3Cited by2 opinions
- Thompson v. DeLongSupreme Court of Pennsylvania · 1920
- Bodine v. Wayne Title & Trust Co.Superior Court of Pennsylvania · 1907