Quinlan v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 272, Jan. T., 1902, by plaintiff, from order of C. P. No. 3, Pbila. Co., March T., 1900, No. 188, refusing to strike off nonsuit in case of Mary Quinlan v. Philadelphia. Trespass to recover damages for personal injuries.
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Appeal, No. 272, Jan. T., 1902, by plaintiff, from order of C. P. No. 3, Pbila. Co., March T., 1900, No. 188, refusing to strike off nonsuit in case of Mary Quinlan v. Philadelphia. Trespass to recover damages for personal injuries. Before McCarthy, J. At the trial it appeared that on June 2, 1899, between three and four o’clock in the afternoon, Mary Quinlan, Elizabeth Clark and Nellie Clark were driving in a carriage to which was attached one horse, on Federal street near Seventeenth street in the city of Philadelphia. The horse stepped into a hole, became frightened, ran away and collided…
1Opinion of the Court
Opinion by
Mk. Justice Fell,
The plaintiff’s horse Avas frightened by stepping into a hole in the asphalt surface of the street, and ran away. Within a square the plaintiff had got the horse partly under control when the carriage collided Avith a wagon which was in the street, breaking a Avheel of the carriage and overturning it. The non-suit Avas entered on two grounds : the contributory negligence of the plaintiff in not seeing and avoiding the hole; and that *312the defect in the street which caused the fright of the horse was not the proximate cause of the plaintiff’s injury. It can be…
2Cases cited2 opinions
- Thomas v. Central RailroadSupreme Court of Pennsylvania · 1900
- Graham v. PhiladelphiaSuperior Court of Pennsylvania · 1902
3Cited by6 opinions
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- Saucier's CaseSupreme Judicial Court of Maine · 1923
- Stemmler v. PittsburghSupreme Court of Pennsylvania · 1926
- Boliver v. PhiladelphiaSuperior Court of Pennsylvania · 1939
- Smith v. Pejepscot Paper Co.District Court, D. Maine · 1931
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