Closser v. Township of Washington
Superior Court of Pennsylvania
Appeal, No. 20, April T., 1899, by defendant, from judgment of C. P. Greene Co., April T., 1897, No. 168, on verdict for plaintiff. Opinion by Beaver, J. Orlady, J., dissents. Trespass. Before Gbawfokd, P. J. It appears from the evidence that plaintiff and another man named Huffman were riding along the township road at night. Plaintiff was riding a somewhat spirited young mare and there was some evidence tending to show that she had a habit of scaring easily.
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Appeal, No. 20, April T., 1899, by defendant, from judgment of C. P. Greene Co., April T., 1897, No. 168, on verdict for plaintiff. Opinion by Beaver, J. Orlady, J., dissents. Trespass. Before Gbawfokd, P. J. It appears from the evidence that plaintiff and another man named Huffman were riding along the township road at night. Plaintiff was riding a somewhat spirited young mare and there was some evidence tending to show that she had a habit of scaring easily. He was holding the reins of the bridle in his left hand, his right being in his pocket. While so riding a noise which the riders…
1Opinion of the Court
Opinion by
Beaver, J.,
This case is not without difficulty and in some of its minor aspects is undeniably close. Viewing the end from the beginning, however, and taking into consideration the charge of the court, the answers to the points of both plaintiff and defendant and the verdict of the jury, we are of the opinion that the judgment should be sustained.
The plaintiff, riding on horseback in company with a neighbor, in going from a neighboring town to his home in the nighttime, passed over the ordinarEy traveled road and, so far as the evidence shows, the only road which led to his home. The…
2Cases cited22 opinions
- Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
- Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Hey v. PhiladelphiaSupreme Court of Pennsylvania · 1876
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