Brunner v. American Telegraph & Telephone Co.
Supreme Court of Pennsylvania
Appeal, No. 178, Jan. T., 1892, by defendant, from judgment of C. P. Berks Co., No. 15, Dec. T., 1889, on verdict for plaintiff, Francis Brunner. Trespass for injuries suffered by plaintiff by reason of his horse becoming frightened and running away, caused by explosion of dynamite cap by one of defendant’s workmen, John Delaney. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 178, Jan. T., 1892, by defendant, from judgment of C. P. Berks Co., No. 15, Dec. T., 1889, on verdict for plaintiff, Francis Brunner. Trespass for injuries suffered by plaintiff by reason of his horse becoming frightened and running away, caused by explosion of dynamite cap by one of defendant’s workmen, John Delaney. The facts appear by the opinion of the Supreme Court. At the trial, before Endlich, J., defendant offered in evidence deposition of John Delaney taken upon interrogatories: “2d interrogatory: Were not the cartridges or caps or both which were exploded, furnished you…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
This case -was tried with care and discrimination by the *451learned judge of the court below, but in one particular at least we think he fell into error. The plaintiff’s right to recover rested on a theory which drew its support mainly from inference. There was really no controversy over the important facts in the case. The plaintiff was thrown from his buggy and injured because of the sudden fright of his horse which made it uncontrolable. The fright was caused by the explosion of a percussion cap of the kind used in blasting with dynamite, near the highway on…
2Cited by6 opinions
- Parker v. Matheson Motor Car Co.Supreme Court of Pennsylvania · 1913
- Guinney v. HandSupreme Court of Pennsylvania · 1893
- Waniorek v. United RailroadsCalifornia Court of Appeal · 1911
- Franklin Fire Insurance v. BradfordSupreme Court of Pennsylvania · 1901
- Ahern v. MelvinSuperior Court of Pennsylvania · 1901
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