Goshorn v. Smith
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1878, No. 26. Case by John T. Smith against Alfred T. Goshorn, to recover damages for injuries alleged to have been caused by defendant’s negligently driving against plaintiff on a public thoroughfare. The defendant, on the 30th of June 1876, was driving, about six o’clock in the afternoon, from his office of director-general of the International Exhibition to his house in West Philadelphia.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1878, No. 26. Case by John T. Smith against Alfred T. Goshorn, to recover damages for injuries alleged to have been caused by defendant’s negligently driving against plaintiff on a public thoroughfare. The defendant, on the 30th of June 1876, was driving, about six o’clock in the afternoon, from his office of director-general of the International Exhibition to his house in West Philadelphia. He was in a one-horse wagon with seats for four people, open in front and on the sides, and had therein two gentlemen and…
1Opinion of the CourtJustice Mercur
This is an action on the case. It was brought to recover damages for injury sustained by the defendant in error by reason of the alleged negligent conduct of the plaintiff in error. To maintain the action the evidence must show' the injury to have resulted from the negligence of the latter, without any .negligence of the former contributing thereto: Waters v. Wing, 9 P. F. Smith 211. It is not necessary to defeat a recovery that the complainant should have *438been equally as guilty of negligence as the opposite party. And concurring negligence of the defendant in error in causing the injury is a…
2Cited by1 opinion
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