Hey v. Philadelphia
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of January-Term 1874, No. 267. This was an action on the case by Michael Hey, against the city of Philadelphia, brought to March Term 1872 of the court below for negligence in not sufficiently guarding one of the roads in the park, by reason of which the plaintiff’s horse fell into the river Schuylkill and was drowned, and the carriage and harness injured.
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Error to the District Court of Philadelphia: Of January-Term 1874, No. 267. This was an action on the case by Michael Hey, against the city of Philadelphia, brought to March Term 1872 of the court below for negligence in not sufficiently guarding one of the roads in the park, by reason of which the plaintiff’s horse fell into the river Schuylkill and was drowned, and the carriage and harness injured. The case was tried before Hare, P. J. The plaintiff testified that he was driving home through Fairmount Park with two daughters; he proceeded: “I crossed the Reading Railroad, and- was…
1Opinion of the CourtJustice Gordon
The jury found that the city authorities were derelict in duty in not placing proper guards or barriers along the river side of this very-dangerous piece of road, and that this neglect was the proximate cause of the loss complained of by the plaintiff. The court on the other hand, regarded the fright and breaking away of the horse as the immediate cause of the disaster,'and hence entered judgment for the defendant, non obstante veredicto. Herein we think the court erred. It is true that ordinarily provision is not to be made against contingencies so rare as runaway horses. Roads and bridges…
2Cited by18 opinions
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