Legal Opinion

Gannon v. Wilson

Supreme Court of Pennsylvania

Decided February 8, 1886PublishedCited by 3 opinions

Error to the Common Pleas, No. 1, of Philadelphia County to review a judgment for plaintiff in an action for damages. On May 4, 1882, a horse attached to a United States mail wagon, without a driver, ran up Chestnut street in the city of Philadelphia. When reaching the store of William L. Wilson the horse ran upon the sidewalk and broke a lot of terra cotta drain pipes which were lying upon the pavement in front of the store.

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Error to the Common Pleas, No. 1, of Philadelphia County to review a judgment for plaintiff in an action for damages. On May 4, 1882, a horse attached to a United States mail wagon, without a driver, ran up Chestnut street in the city of Philadelphia. When reaching the store of William L. Wilson the horse ran upon the sidewalk and broke a lot of terra cotta drain pipes which were lying upon the pavement in front of the store. Wilson brought this action against Edward Cannon, the owner of the horse, to recover for the damages thus occasioned. The defendant offered in evidence an ordinance of…

1Opinion of the Court

Per Curiam :

We see no error in the rejection of the evidence, nor in the charge of the court. If the defendant in error did violate an ordinance of the city, that violation was not a proximate cause of the injury. It is the duty of the owner of a horse not to voluntarily permit it to run on the sidewalk of a public street. When so found, he must rebut the presumption of negligence arising therefrom.

Judgment affirmed.

2Cited by3 opinions

  1. McClung v. Pennsylvania Taximeter Cab Co.Supreme Court of Pennsylvania · 1916
  2. Breidenbach v. McCormick Co.California Court of Appeal · 1912
  3. Holliday v. GardnerIndiana Court of Appeals · 1901

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