Keller v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal No. 477, January T., 1895, by defendant, from judgment of C. P. No. 4, Phila. County, Sept. T., 1894, No. 639, on verdict for plaintiff. Assumpsit against a common carrier for injury caused to horses while under transportation. Before Arnold, J. The facts appear by the opinion of the Supreme Court.
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Appeal No. 477, January T., 1895, by defendant, from judgment of C. P. No. 4, Phila. County, Sept. T., 1894, No. 639, on verdict for plaintiff. Assumpsit against a common carrier for injury caused to horses while under transportation. Before Arnold, J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows: [The question to be submitted to you. is to inquire, first, whether you think there was any fault on the part of the defendant company, any negligence or carelessness in the manner of transporting these animals and any unnecessary delay, because if there…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
It was left to the jury to determine whether there had been fault on the part of the defendant company in the manner of *65transportation, or unnecessary delay which, resulted in injury to the plaintiff’s horses. This submission included but one of the questions raised at the trial. The car had been transferred to the tracks of the Philadelphia & Reading R. R. Co. and it was admitted that at the time of the injury of the horses it was not on the line of the defendant’s road or in charge of its employees. The question of the defendant’s responsibility beyond the…
2Cases cited1 opinion
- Camden & Amboy Railroad v. Forsyth, Bros. & Co.Supreme Court of Pennsylvania · 1869
3Cited by4 opinions
- Keller v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1899
- Keller v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1900
- Rhymer v. Delaware, Lackawanna & Western RailroadSuperior Court of Pennsylvania · 1905
- Keller v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1899