Gibbons v. Wilkes-Barre
Supreme Court of Pennsylvania
Appeal, No. 440, Jan. T., 1892, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1889, No. 93, on verdict for plaintiff, Robert Gibbons. Trespass for injuries to horse. At the trial, before Rice, P. J., it appeared that in August, 1889, plaintiff, the owner of the team of horses, was engaged in hauling in the city of Wilkes-Barre, and that his team was in charge of his driver, John Michael.
Read the full summary
Appeal, No. 440, Jan. T., 1892, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1889, No. 93, on verdict for plaintiff, Robert Gibbons. Trespass for injuries to horse. At the trial, before Rice, P. J., it appeared that in August, 1889, plaintiff, the owner of the team of horses, was engaged in hauling in the city of Wilkes-Barre, and that his team was in charge of his driver, John Michael. Michael drove the team along Chestnut street, in a part of the street where there was only a narrow space between defendant’s track and a retaining wall along the north side of the cart way. The…
1Opinion of the Court
Pee Cukiam,
This case depended entirely on questions of fact which were fairly submitted to the jury in a clear and adequate charge to which no just exception can be taken. The controlling questions were, the alleged negligence of defendants’ employees, in charge of its car, resulting in the injury and loss of plaintiff’s horse, on the one hand, and the alleged contributory negligence of plaintiff’s driver, on the other. In view of the testimony, these were both questions of fact, exclusively for the consideration of the jury. To have instructed them to find for defend ant compan}-, as…
2Cases cited1 opinion
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
3Cited by8 opinions
- Hainlin v. BudgeSupreme Court of Florida · 1908
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
- Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
- Degregorio v. MalloySupreme Court of Pennsylvania · 1946
- Dong Chong v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.