Erickson v. Sutherland
Superior Court of Pennsylvania
Appeal, No. 13, March T., 1918, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1911, No. 473, on verdict for plaintiff in case of Alma J. Erickson v. Coray Sutherland and Charles L. McMillan, doing business as Sutherland & McMillan. Trespass to recover damages for death of plaintiff’s husband. Before Strauss, J. The circumstances relating to the accident are set forth in the opinion of the Superior Court.
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Appeal, No. 13, March T., 1918, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1911, No. 473, on verdict for plaintiff in case of Alma J. Erickson v. Coray Sutherland and Charles L. McMillan, doing business as Sutherland & McMillan. Trespass to recover damages for death of plaintiff’s husband. Before Strauss, J. The circumstances relating to the accident are set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $750. Defendant appealed. Error assigned was in refusing defendant’s motion for judgment n. o. v. The mere proof of a runaway does not by…
1Opinion of the Court
Opinion by
Kephart, J.,
The plaintiff’s statement avers that the defendants provided their employee with two “unbroken, wild and unroadworthy” horses, attached to a wagon, without warning him of their “nature and character”; that by reason of their wildness, the horses became “unmanageable and uncontrollable,” ran away causing an injury, from which the employee died. The evidence submitted is clearly insufficient to sustain any of the material averments necessary to impose liability on the defendants. It shows that the horses were, in fact, gentle and tractable. The appellee’s testimony was…
2Cases cited2 opinions
- Coller v. KnoxSupreme Court of Pennsylvania · 1908
- Welke v. BergdollSuperior Court of Pennsylvania · 1915
3Cited by2 opinions
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