Fetterman v. Rush Township
Superior Court of Pennsylvania
Appeal, No. 142, Oct. T., 1904, by defendant, from judgment of C. P. Northumberland Co., Sept. T., 1903, No. 319, on verdict for plaintiff in case of Jacob Fetterman and Catherine Fetterman, his wife, v. Rush Township: Trespass to recover damages for personal injuries. Before Auten, J. The circumstances of the accident are stated in the opinion of the Superior Court.
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Appeal, No. 142, Oct. T., 1904, by defendant, from judgment of C. P. Northumberland Co., Sept. T., 1903, No. 319, on verdict for plaintiff in case of Jacob Fetterman and Catherine Fetterman, his wife, v. Rush Township: Trespass to recover damages for personal injuries. Before Auten, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for Jacob Fetter man for $95.00, and for Catherine Fetterman for $500. Defendant appealed. JError assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Beaver, J.,
The question involved is succinctly stated by the appellant as follows : “ Contributory negligence of the plaintiffs in driv*79ing a horse unaccustomed to cars on a public road alongside of the railroad, when there were other safe roads that could have been taken, and in passing a lane or road into which they could have driven when the train approached, and in stopping the horse within ten feet of a railing put up for safety of travel and in not availing themselves of its protection before the train passed.”
Upon the trial of the case, as stated by the court: “ This case is…
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- Kuntz v. New York, Chicago & St. Louis RailroadSupreme Court of Pennsylvania · 1903
- Rauch v. SmedleySupreme Court of Pennsylvania · 1904
- Nichols v. Pittsfield TownshipSupreme Court of Pennsylvania · 1904
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- Foard v. RathSuperior Court of Pennsylvania · 1907