Wynn v. Allard
Supreme Court of Pennsylvania
ERROR to the Common .Pleas of Luzerne county. William Wynn against Jacob Allard. The plaintiff was walking in the middle of one of the most frequented streets of the town of Wilkesbarre, where there were side-walks for footmen, when the defendant, in driving his horses in a sleigh rapidly along, ran against him and injured him, for which he brought this action of trespass.
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ERROR to the Common .Pleas of Luzerne county. William Wynn against Jacob Allard. The plaintiff was walking in the middle of one of the most frequented streets of the town of Wilkesbarre, where there were side-walks for footmen, when the defendant, in driving his horses in a sleigh rapidly along, ran against him and injured him, for which he brought this action of trespass. On the trial the plaintiff offered to prove that at the time of the occurrence the defendant was intoxicated. The defendant objected to the evidence, and the court rejected it and sealed a bill of exception at the .instance…
1Per curiam
The direction was right; and if there was error, it was on the part of the jury. The principle that there is no *525recourse by action for an injury which is the consequence of negligence on both sides, was laid down by this court in Simpson v. Hand, (6 Whart. 320), which was a case of negligence in the collision of ships. But the law of the particular case was laid down, in this instance, by the court below, in exact conformity to the direction of Mr Justice Alberson in Pluckwell v. Wilson, (5 Car. & P. 379), that a person who leaves the ordinary side of the road is bound to use more care and…
2Cited by10 opinions
- Kasanovich v. GeorgeSupreme Court of Pennsylvania · 1943
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Northern Pac. R. v. GraftCourt of Appeals for the Ninth Circuit · 1895
- New Jersey Express Co. v. NicholsSupreme Court of New Jersey · 1867
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