Osterheldt v. Peoples
Supreme Court of Pennsylvania
Appeal, No. 209, Jan. T., 1908, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1902, No. 2395, on verdict for defendant in case of Mary Osterheldt v. Robert J. Peoples et al., trading as Peoples Brothers. Trespass to recover damages for personal injuries. Before Beitler, J. The fact are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 209, Jan. T., 1908, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1902, No. 2395, on verdict for defendant in case of Mary Osterheldt v. Robert J. Peoples et al., trading as Peoples Brothers. Trespass to recover damages for personal injuries. Before Beitler, J. The fact are stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Fourth street in the city of Philadelphia runs north and south, crossing Walnut street at right angles. In the center of each street is a single street car track. On September 16, 1902, an employee of the defendants drove their wagon, drawn by two horses, north on the car track on Fourth street. The wagon was heavily loaded with sticks of lumber about eight or nine inches square, which projected about five feet from the rear of the vehicle. The driver sat in front and on top of the wagon and the horses were walking. As the team approached Walnut street, it…
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