Potter v. Scranton Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 190, Jan. T., 1896, by plaintiff, from judgment of C. P. Lackawanna Co., Jan. T., 1894, No. 37, on verdict for defendant. Trespass for injuries arising from fright of a horse.
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Appeal, No. 190, Jan. T., 1896, by plaintiff, from judgment of C. P. Lackawanna Co., Jan. T., 1894, No. 37, on verdict for defendant. Trespass for injuries arising from fright of a horse. Before Lvnch, A. L. J. At the trial it appeared that the People’s Street Railway of Luzerne county was incorporated by act of assembly March 23, 1865. Under this charter the company soon after built a line of street railway from Scranton to Dunmore, and upon Blakely street, in the borough of Dunmore, where this accident occurred. From the time of its construction down to 1888, about twenty-two years, the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The main contention in this case is that the railway company not having the express consent of the borough to use the trolley system on its road, was so far a trespasser ab initio that its appliances both for running and repairing were nuisances, and as against the appellant constituted negligence in law. The discussion of this proposition would require the consideration of two questions, first the right of the People’s Street Railway Company to use the trolley system on its road, and secondly. *278the additional right, if any, acquired by its lessee, the Traction…
2Cases cited3 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Pennsylvania Schuylkill Valley Railroad v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1894
- Reeves v. Phila. Traction Co.Supreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Howley v. Central Valley RailroadSupreme Court of Pennsylvania · 1905
- Wenger v. RohrerSuperior Court of Pennsylvania · 1897