Vansant v. McMenamy
Superior Court of Pennsylvania
Appeal, No. 72, Oct. T., 1909, by plaintiffs, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1906, No. 3,358, for defendant non obstante veredicto in case of James M. Vansant and Addie K, his wife, v. John Mc-Menamy. Trespass to recover damages for personal injuries.
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Appeal, No. 72, Oct. T., 1909, by plaintiffs, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1906, No. 3,358, for defendant non obstante veredicto in case of James M. Vansant and Addie K, his wife, v. John Mc-Menamy. Trespass to recover damages for personal injuries. Before Ralston, J. In addition to the facts stated in the opinion of the Superior Court it appeared that the defendant at the time of the accident was constructing a public road in the course of which work he used a stationary upright steam boiler and pump to pump water from a neighboring creek into a water wagon. The boiler…
1Opinion of the Court
Opinion by
Henderson, J.,
The verdict of the jury acquitted the plaintiff of contributory negligence and charged the defendant with liability for the injury complained of. The only question for our consideration is the sufficiency of the evidence to establish the defendant’s negligence. Did the defendant owe any duty to travelers driving horses along the highway to safeguard them against accidents resulting from the fright of their horses excited by steam escaping from the boiler? Conceding that' the defendant had a right to place his machinery in the public highway while engaged in the work…
2Cases cited5 opinions
- Louisville, New Albany & Chicago Railway Co. v. SchmidtIndiana Supreme Court · 1893
- Indianapolis Union Railway Co. v. BoettcherIndiana Supreme Court · 1891
- Knight v. Goodyear's India Rubber Glove Manufacturing Co.Supreme Court of Connecticut · 1871
- Pennsylvania Railroad v. BarnettSupreme Court of Pennsylvania · 1868
- Duvall v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1891