Thubron v. Dravo Contracting Co.
Supreme Court of Pennsylvania
Appeal, No. 123, Oct. T., 1912, by defendant, from judgment of C. P. Allegheny Co., March T., 1908, No. 69, on verdict for plaintiff in case of William J. Thubron v. Dravo Contracting Company. The facts aré stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,000. Defendant appealed.
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Appeal, No. 123, Oct. T., 1912, by defendant, from judgment of C. P. Allegheny Co., March T., 1908, No. 69, on verdict for plaintiff in case of William J. Thubron v. Dravo Contracting Company. The facts aré stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $2,000. Defendant appealed. Error assigned, inter alia, was the refusal of binding instructions for the defendant. — The failure to erect a barrier at the bridge was not the proximate cause of the accident: Schaeffer v. Jackson Twp., 150 Pa. 145; Card v. Columbia Twp., 191 Pa. 254; Nichols v. Pittsfield…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff sought in this action to recover for the loss of two horses which were killed under the following circumstances. The horses had been in the care and custody of the owner’s servant, who was leading them at night time through a public street in the City of Pittsburgh, on the way to the stable where usually kept. The evidence shows clearly that, either through the negligence of the servant, or because of unexplained fright, they escaped from the control of the servant and ran in the direction in which they were being led, but too far for their own…
2Cases cited4 opinions
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Willis v. Armstrong CountySupreme Court of Pennsylvania · 1897
- Township of Jackson v. WagnerSupreme Court of Pennsylvania · 1889
- Nichols v. Pittsfield TownshipSupreme Court of Pennsylvania · 1904
3Cited by15 opinions
- Lemos v. MaddenWyoming Supreme Court · 1921
- Steenbock v. Omaha Country ClubNebraska Supreme Court · 1923
- Haddigan v. HarkinsCourt of Appeals for the Third Circuit · 1970
- Stone v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Staff v. Montana Petroleum Co.Montana Supreme Court · 1930
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