Barshay v. American Ice Co.

Opinion by

Keller, J.,

Alfred Barshay, a child two and a half years old, was playing on the sidewalk near his home, 1638¡ Ridge Avenue, Philadelphia. Defendant’s employee was delivering ice from a wagon drawn by a team of horses. He stopped in front of 1642 Ridge Avenue and carried in a piece of ice leaving the horses unhitched. One of the horses snapped at the Barshay boy, who was playing near the curb and bit his hand severely. This action in trespass resulted.

Plaintiffs’ statement set up two grounds for recovery: (1) That the horse was green and vicious; (2) that defendant was negligent in…