Trexler v. Baltimore & Ohio Railroad
Superior Court of Pennsylvania
Appeal, No. 79, Oct. T., 1904, by defendant, from judgment of C. P. Bedford Co., April T., 1902, No. 234, on verdict for plaintiff in case of J. F. Trexler, and John L. Trexler, trading as Trexler Brothers & Co., v. Baltimore & Ohio Railroad Company. Trespass to recover damages for the death of a horse. Before Woods, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 79, Oct. T., 1904, by defendant, from judgment of C. P. Bedford Co., April T., 1902, No. 234, on verdict for plaintiff in case of J. F. Trexler, and John L. Trexler, trading as Trexler Brothers & Co., v. Baltimore & Ohio Railroad Company. Trespass to recover damages for the death of a horse. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. The court charged in part as follows: [The learned court erred in its instruction to the jury in that part of the general charge which is embraced in the following’ language: “You must bear in mind, gentlemen, that…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiffs by their agent H. P. Reynolds shipped a stallion from Marklesburg on the Huntingdon & Broad Top Railroad in Pennsylvania to Pennsboro on the Baltimore & Ohio Railroad in West Virginia, to which latter company the box car in which the stallion was shipped was delivered at Hyndman, Pennsylvania. Between ten and eleven o’clock p. m. on the second day, the train arrived in Grafton, West Virginia, and a short time after its arrival, while standing in the yard, the car was found to be on fire. In spite of such efforts as were made to extinguish it the horse was…
2Cases cited6 opinions
- Commonwealth v. WerntzSupreme Court of Pennsylvania · 1894
- Coll v. Easton Transit Co.Supreme Court of Pennsylvania · 1897
- Longenecker v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
- Powell v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1859
- Trace v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
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