Hazel v. People's Pass. Ry. Co.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 353½ January Term 1889, Sup. Ct.; court below, No. 487 December Term 1886, C. P. No. 3. On December 4, 1886, Franklin B. Hazel brought case against the People’s Passenger Railway Co., to recover damages for the killing of a horse by the alleged negligence of the defendant company. Issue.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 3 OF PHILADELPHIA COUNTY. No. 353½ January Term 1889, Sup. Ct.; court below, No. 487 December Term 1886, C. P. No. 3. On December 4, 1886, Franklin B. Hazel brought case against the People’s Passenger Railway Co., to recover damages for the killing of a horse by the alleged negligence of the defendant company. Issue. At the trial on October 25,1888, the case shown was in substance as follows : On November 20, 1886, the plaintiff’s horse and carriage were driven to the east side of Fourth street north of Walnut and left standing in charge…
1Opinion of the Court
Opinion,
Mr. Justice Green:
After having read and re-read the whole of the testimony in this case, we are constrained to say that we are entirely unable to discover any evidence connecting, or tending to connect, in any culpable manner, the defendant with the death of the plaintiff’s horse. The horse, geared to a carriage and in charge of a driver, was standing quietly at the east side of Fourth street, near Walnut, at about 2 o’clock in the afternoon. Suddenly, and without the least preliminary movement, he reared upon his hind feet, and fell over, dead. It is a very busy and thronged part of…
2Cases cited2 opinions
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