Smith v. Holmesburg, Tacony & Frankford Electric Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 157, Jan. T., 1897, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1896, No. 845, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Brégy, J. The facts appear by the opinion of the Supreme Court. Defendant’s sixth point and the answer thereto were as follows : Under all the evidence in this case, the jury is instructed to find a verdict for the defendant. Answer: Refused.
Read the full summary
Appeal, No. 157, Jan. T., 1897, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1896, No. 845, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Brégy, J. The facts appear by the opinion of the Supreme Court. Defendant’s sixth point and the answer thereto were as follows : Under all the evidence in this case, the jury is instructed to find a verdict for the defendant. Answer: Refused. Error assigned among others was (7) refusal of point as above, quoting it. It is certainly not true in law that street car companies are responsible for horses…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
In the court.below the plaintiff obtained a judgment of 15,000 for an injury he attributed to the excessive and unlawful speed of a trolley car. It seems that on October 15, 1896, he “was driving a horse attached to a cart in which he was riding” northwardly on the railway track on State street. On seeing the car approaching from the direction in which he was driving he crossed the track and drove along the west side of it in the same direction as before. When the car was within seventy-five or 100 feet of him his horse appeared to be frightened by it, and…
2Cases cited4 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Yingst v. Lebanon & Annville St. Ry. Co.Supreme Court of Pennsylvania · 1895
- Hanlon v. Philadelphia & West Chester Turnpike Road Co.Supreme Court of Pennsylvania · 1897
- Lenkner v. Citizens Traction Co.Supreme Court of Pennsylvania · 1897
3Cited by5 opinions
- Dunkle v. City Passenger Railway Co.Supreme Court of Pennsylvania · 1904
- Hollihan v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1913
- Finnerty v. DarbySupreme Court of Pennsylvania · 1958
- Finnerty v. DarbySupreme Court of Pennsylvania · 1958
- Strahl v. PhiladelphiaSuperior Court of Pennsylvania · 1908