Legal Opinion

Piollet v. Simmers

Supreme Court of Pennsylvania

Decided October 6, 1884No. 190PublishedCited by 21 opinions

Error to the Court of Common Pleas of Bradford county: Of January Term, 1883, No. 190. This was an action on the case, by Alice Simmers against Victor E. Piollet and Joseph E. Piollet, to recover damages for injuries alleged to have been caused by the negligence of the defendants. On the trial, before Morrow, P. J., the following facts appeared: The defendants are the owners of a large tract of real estate situated in Wysox, Bradford county, Pa.

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Error to the Court of Common Pleas of Bradford county: Of January Term, 1883, No. 190. This was an action on the case, by Alice Simmers against Victor E. Piollet and Joseph E. Piollet, to recover damages for injuries alleged to have been caused by the negligence of the defendants. On the trial, before Morrow, P. J., the following facts appeared: The defendants are the owners of a large tract of real estate situated in Wysox, Bradford county, Pa. There are several roads running through their lands along which they had constructed post and board fences, which for over twenty years they had been…

1Opinion of the CourtJustice Green

The injury for which the present action was brought, was occasioned in a peculiar and unusual manner. The plaintiff and another were riding in a carriage along a public road, in the open country, at about eight o’clock in the evening of a day in the month of July, when suddenly the horse drawing the carriage reared, plunged a few steps forward, fell to the ground on the side of the road, and instantly died. In falling he upset the carriage, which fell upon the plaintiff and caused the injuries for which the suit is brought. The falling and death of the horse caused the overthrow of the…

2Cases cited4 opinions

  1. People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Foshay v. Town of Glen HavenWisconsin Supreme Court · 1870
  3. Ayer v. City of NorwichSupreme Court of Connecticut · 1872
  4. Young v. City of New HavenSupreme Court of Connecticut · 1872

3Cited by21 opinions

  1. Parsons v. Crown Disposal Co.California Supreme Court · 1997
  2. Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
  3. William Laubach & Sons v. EastonSupreme Court of Pennsylvania · 1943
  4. Gilbert v. Pessin Grocery Co.California Court of Appeal · 1955
  5. Yingst v. Lebanon & Annville St. Ry. Co.Supreme Court of Pennsylvania · 1895

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