Luks v. American Ice Co.
Supreme Court of Pennsylvania
Appeal, No. 65, Jan. T., 1920, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1918, No. 2667, on verdict for plaintiff in case of Fannie Luks v. American Ice Company, trading as Maine Ice & Coal Co. Trespass to recover damages for personal injuries. Before Wessel, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 65, Jan. T., 1920, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1918, No. 2667, on verdict for plaintiff in case of Fannie Luks v. American Ice Company, trading as Maine Ice & Coal Co. Trespass to recover damages for personal injuries. Before Wessel, J. The facts are stated in the opinion of the Supreme Court. Defendant presented, inter alia, the following points: “1. The mere fact of injury to plaintiff caused by a runaway team of defendant would not render the defendant liable in this case. Answer: I affirm that as a proposition of law. You will also take…
1Opinion of the Court
Opinion by
Me. Justice Kephart,
Hutchinson street, in the City of Philadelphia, ends at Poplar street; it is a dead-end street. Plaintiff’s case shows that while walking on the south side of Poplar street she noticed defendant’s team coming towards her, on Hutchinson street, the horses “running wild,” the driver whipping the horses as they ran. Efforts by bystanders to stop the team were unsuccessful, and the driver, to check it, drove on the south side of Poplar street into a pole, one horse striking and injuring the plaintiff. Plaintiff’s evidence covered the circumstances from a point about…
2Cases cited5 opinions
- Benoit v. . Troy Lansingburgh R.R. Co.New York Court of Appeals · 1897
- Creamer v. McIlvainCourt of Appeals of Maryland · 1899
- Coller v. KnoxSupreme Court of Pennsylvania · 1908
- Erickson v. SutherlandSuperior Court of Pennsylvania · 1918
- Hamilton v. HopkinsSupreme Court of Pennsylvania · 1915
3Cited by4 opinions
- Jordan v. EiseleSupreme Court of Pennsylvania · 1922
- Kowtko v. Delaware and Hudson Railroad Corp.District Court, M.D. Pennsylvania · 1955
- Potter Title & Trust Co. v. Oswald & Hess Co.Supreme Court of Pennsylvania · 1936
- Judd v. Scranton Republican, Pennsylvania Court of Common Pleas, Lackawanna County1938