Hamilton v. Hopkins
Supreme Court of Pennsylvania
Appeal, No. 185, Oct, T., 1914, by defendant, from judgment of O. P. Allegheny Co., April T., 1913, No. 239, on verdict for plaintiff in case of George H. Hamilton v. David P. Hopkins. Trespass to recover damage for personal injuries. Before Carnahan, J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $3,000 and judgment thereon. Defendant appealed.
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Appeal, No. 185, Oct, T., 1914, by defendant, from judgment of O. P. Allegheny Co., April T., 1913, No. 239, on verdict for plaintiff in case of George H. Hamilton v. David P. Hopkins. Trespass to recover damage for personal injuries. Before Carnahan, J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $3,000 and judgment thereon. Defendant appealed. Errors assigned, among others, were in refusing binding instructions for defendant, in refusing to enter judgment for defendant n. o. v. and in refusing a new trial.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The defendant here was charged with negligence in *500permitting a horse owned by him, alleged to have been vicious, to remain standing in a public highway, unattended, so that as a consequence the plaintiff in passing the horse, was bitten by it, and otherwise severely injured. This action was brought to recover damages for the injuries thus suffered, and it resulted in a verdict for plaintiff. Counsel for appellant contends that binding instructions should have been given for defendant. To hold him liable, it was necessary to show his previous knowledge of vicious…
2Cited by2 opinions
- Barshay v. American Ice Co.Superior Court of Pennsylvania · 1924
- Luks v. American Ice Co.Supreme Court of Pennsylvania · 1920