Stryker v. Montoursville Borough
Superior Court of Pennsylvania
Appeal, No. 5, Feb. T., 1913, by plaintiff, from judgment of C. P. Lycoming Co., June T., 1911, No. 119, for defendant non obstante veredicto in case of Samuel C. Stryker, administrator of Sarah E. Stryker and Samuel C. Stryker. Trespass to recover damages for personal injuries. Before Bouton, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiffs.
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Appeal, No. 5, Feb. T., 1913, by plaintiff, from judgment of C. P. Lycoming Co., June T., 1911, No. 119, for defendant non obstante veredicto in case of Samuel C. Stryker, administrator of Sarah E. Stryker and Samuel C. Stryker. Trespass to recover damages for personal injuries. Before Bouton, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiffs. Subsequently the court entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Trexler, J.,
On the evening of May 15, 1909, Mrs. Stryker in company with a friend, went for a carriage ride. While on their way home after dark, in the midst of a severe electric storm, with heavy thunder and vivid lightning, being at that time traveling east on Main street in a semi-rural portion of the borough of Montoursville, the horse Mrs. Stryker was driving, became frightened at a white cow tethered within the limits of the highway, but outside of the driving portion thereof, turned around, went across the highway near the sidewalk on the opposite side, stood quietly facing…
2Cases cited6 opinions
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Dalmas v. KembleSupreme Court of Pennsylvania · 1906
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- Gudfelder v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1904
- Marshall v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1913
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