Phillips v. People's Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 126, Jan. Term, 1898, by defendant, from judgment of C. P. No. 4, Phila. County, Dec. Term, 1895, No. 816, on verdict for plaintiff. Trespass for personal injuries. Before Willson, J. At the trial it appeared that on Sunday morning, July 28, 1895, plaintiff, while riding a horse, was injured in the manner described in the opinion of the Supreme Court.
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Appeal, No. 126, Jan. Term, 1898, by defendant, from judgment of C. P. No. 4, Phila. County, Dec. Term, 1895, No. 816, on verdict for plaintiff. Trespass for personal injuries. Before Willson, J. At the trial it appeared that on Sunday morning, July 28, 1895, plaintiff, while riding a horse, was injured in the manner described in the opinion of the Supreme Court. Defendant’s point and the answer thereto were as follows : Upon all the evidence in this case the verdict must be for the defendant. Answer: Refused. Verdict and judgment for plaintiff for $2,500. Defendant appealed. Error, assigned…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
It appears from the testimony that the plaintiff’s horse became unmanageable at Woodland avenue and Walnut street, and ran with him down Walnut to the crossing of Fourth street, where the accident occurred. During all this time, although the plaintiff kept his seat, the horse was more or less beyond his control and at the time of the accident it appears to have *224Deen a runaway going at a high rate of speed. When from sixty to eighty feet from the crossing of Fourth street, and on the south side of Walnut street between the curb and the car track, the plaintiff saw a…
2Cited by10 opinions
- Leslie v. CatanzaroSupreme Court of Pennsylvania · 1922
- Montgomery v. PhiladelphiaSupreme Court of Pennsylvania · 1921
- Marfilues v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1910
- Fitzpatrick v. Pralon Cleaners & DyersSuperior Court of Pennsylvania · 1937
- Wingert v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
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