Conn v. Hunsberger
Supreme Court of Pennsylvania
Appeal, No. 231, Jan. T., 1908, by plaintiff, from judgment of C: P. No. 4, Phila. Co., March T., 1907, No. 3,673, on verdict for defendant in case of Charles O. Conn v. Harry K. Hunsberger. . Trespass against a livery-stable keeper to recover damages for personal injuries caused by the vicious conduct of a horse. Before Audenried, J. The facts appear by the opinion of the Supreme Court. At the trial the court gave binding instructions for defendant.
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Appeal, No. 231, Jan. T., 1908, by plaintiff, from judgment of C: P. No. 4, Phila. Co., March T., 1907, No. 3,673, on verdict for defendant in case of Charles O. Conn v. Harry K. Hunsberger. . Trespass against a livery-stable keeper to recover damages for personal injuries caused by the vicious conduct of a horse. Before Audenried, J. The facts appear by the opinion of the Supreme Court. At the trial the court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Mesteezat,
This is an action of trespass to recover damages for injuries caused by the vicious acts of a horse. The defendant is a livery-stable keeper in the city of Philadelphia, and for several months prior to November 12, 1906, the plaintiff had hired of him a horse to be used for drawing a delivery wagon *157about the city. On the morning of the day mentioned, the plaintiff went to the defendant’s stable and obtained a mare to drive in his wagon during the day. This mare was different from the one which he had previously hired and used in his business, the defendant…
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