Willis v. Armstrong County
Supreme Court of Pennsylvania
Appeal, No. 138, Oct. T., 1897, by 'plaintiff, from order of O.' P. Armstrong County, Dec. T., 1896, No. 215, refusing to take off nonsuit. Trespass for personal injuries. Before Rayburn, P. J. The facts appear by tlie opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
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Appeal, No. 138, Oct. T., 1897, by 'plaintiff, from order of O.' P. Armstrong County, Dec. T., 1896, No. 215, refusing to take off nonsuit. Trespass for personal injuries. Before Rayburn, P. J. The facts appear by tlie opinion of the Supreme Court. Error assigned was refusal to take off nonsuit. It is difficult to understand tlie difference between this case and that of a horse becoming frightened and backing upon and over the side of a bridge, as occurred in the case of Lydia Bitting v. Township of Maxatawny, 177 Pa. 213; 180 Pa. 359. If this horse had taken fright when on the bridge, and…
1Opinion of the Court
Per Curiam,
It clearly appears from the evidence that the absence of guardrails was not the proximate cause of the accident which befell the plaintiff, without any fault on her part.
The undisputed evidence is that after the wagon in which *186plaintiff and several others were riding had safely passed over the bridge and proceeded up the hill fifty or sixty feet, the eyes in two of the traces gave way, and this resulted in freeing the horses from the wagon and from the control of the driver. Being thus situated, the wagon ran back down the grade, and missing the bridge went over the embankment into…
2Cited by16 opinions
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- Jacob v. PhiladelphiaSupreme Court of Pennsylvania · 1939
- Moyers v. OgleCourt of Appeals of Tennessee · 1940
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