Legal Opinion

Smith v. O'Connor

Supreme Court of Pennsylvania

Decided July 1, 1864PublishedCited by 11 opinions

Error to the Common Pleas of Allegheny county. This was an action of trespass on the case by Ellen O’Connor, by her next friend, Janies Carroll, against William Smith, to recover damages for alleged injuries sustained by plaintiff in consequence of the defendant driving a horse and wagon against her upon Penn street in the city of Pittsburgh.

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Error to the Common Pleas of Allegheny county. This was an action of trespass on the case by Ellen O’Connor, by her next friend, Janies Carroll, against William Smith, to recover damages for alleged injuries sustained by plaintiff in consequence of the defendant driving a horse and wagon against her upon Penn street in the city of Pittsburgh. The declaration of plaintiff, who was a child about seven or eight years of age, set forth that she was passing over Penn street, and that the defendant “so carelessly and negligently drove and managed his horse (attached to a wagon) that the said horse…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J.

— This was an- action of trespass upon the case brought by a girl seven years old, suing by her next friend, to recover from the defendant damages for his having negligently driven a horse and wagon over her while she was crossing one of the streets in the city of Pittsburgh. The question whether the defendant had been guilty of the negligence alleged was fairly submitted to the jury, and in regard to that there is no complaint. The errors assigned here relate principally to the instruction given respecting the effect of negligent conduct by…

2Cases cited3 opinions

  1. Hartfield v. RoperNew York Supreme Court · 1839
  2. Birge v. GardinerSupreme Court of Connecticut · 1849
  3. Robinson v. ConeSupreme Court of Vermont · 1850

3Cited by11 opinions

  1. Bottoms v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1894
  2. Briggs v. City of PhiladelphiaSuperior Court of Pennsylvania · 1933
  3. Koenig v. FlahertySupreme Court of Pennsylvania · 1955
  4. Di Meglio v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1916
  5. Alpha Portland Cement Co. v. CurziCourt of Appeals for the Second Circuit · 1914

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