Horne v. West Chester Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 182, Oct. T., 1915, by plaintiff, from order of C. P. Chester Co., Aug. T., 1914, No. 86, refusing to take off nonsuit in case of Jacob E. Horne v. West Chester Street Railway Company. Trespass to recover damages for death of a horse. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 182, Oct. T., 1915, by plaintiff, from order of C. P. Chester Co., Aug. T., 1914, No. 86, refusing to take off nonsuit in case of Jacob E. Horne v. West Chester Street Railway Company. Trespass to recover damages for death of a horse. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit. cited: Ferry v. Philadelphia Rapid Transit Co., 232 Pa. 403. cited: Taylor v. Philadelphia Rapid Transit Co., 55 Pa. Superior Ct. 607; Debereux v. P. & R. Ry.…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff sues to recover the value of a horse which was struck by a car operated by the defendant company and so injured that it had to be killed. The defendant’s car was being operated on its track, not on any public highway but on a private right of way owned by the company. There was a fence between the track and right of way and the public highway. On the other side of the track was an unfenced pasture field in which the plaintiff or his tenant was accustomed to graze his stock. At or about the point of the accident there was a gate leading from the highway through…
2Cases cited3 opinions
- Taylor v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1914
- Devereux v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914
- Taylor v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1914
3Cited by2 opinions
- Rosa v. West Penn Railways Co.Superior Court of Pennsylvania · 1935
- Philip Calla v. Hershey Transit Co.Superior Court of Pennsylvania · 1924