Philad. Traction Co. v. Bernheimer
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 240 January Term 1889, Sup. Ct.; court below, No. 147 December Term 1886, C. P. No. 1. On January 4, 1887, a summons in case was issued in an action brought by Morris Bernheimer against the Pbilade]phia Traction Company. The declaration charged injuries to the plaintiff’s horse and carriage caused by tbe negligence of tbe defendant company’s employees. Issue.
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ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 240 January Term 1889, Sup. Ct.; court below, No. 147 December Term 1886, C. P. No. 1. On January 4, 1887, a summons in case was issued in an action brought by Morris Bernheimer against the Pbilade]phia Traction Company. The declaration charged injuries to the plaintiff’s horse and carriage caused by tbe negligence of tbe defendant company’s employees. Issue. At the trial on October 24,1888, tbe only witness called was tbe plaintiff liimself, wlio testified that he was a coal dealer, and that on October 28, 1886, bis horse,…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson ;
The horse of the plaintiff below was hitched to an awning post on the south side of Market street, about twenty-two feet east of Fourth street. The plaintiff, while standing on the pavement, with some boxes between the horse and himself, untied the hitching strap. Just then a cable car came along and the' ringing of the bell alarmed his horse and it broke away from him. He testified: “ My horse pulled strap from my hand. There were some boxes in the way, and I could not get around to reach him, and cable car struck him, and I ran down Market street after my…
2Cases cited1 opinion
- Fischer v. Camden Ferry Co.Supreme Court of Pennsylvania · 1889
3Cited by5 opinions
- Thomas v. Citizens Pass. Ry. Co.Supreme Court of Pennsylvania · 1890
- Steiner v. Phila. Traction Co.Supreme Court of Pennsylvania · 1890
- Higgins v. Wilmington City Railway Co.Superior Court of Delaware · 1895
- Hollihan v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1913
- Davison v. Wilkes-Barre & Wyoming Valley Traction Co.Superior Court of Pennsylvania · 1899