Miller v. Atlantic Refining Co.
Supreme Court of Pennsylvania
Appeal, No. 118, Jan. T, 1904, by-defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1908, No. 1212, on verdict for plaintiff in case of William Miller, Jr., et al. v. Atlantic Refining Company. Trespass to recover damages for death of plaintiff’s father. Before Beitleb, J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $5,000, upon which judgment was entered for $2,000 all above that sum having been remitted.
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Appeal, No. 118, Jan. T, 1904, by-defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1908, No. 1212, on verdict for plaintiff in case of William Miller, Jr., et al. v. Atlantic Refining Company. Trespass to recover damages for death of plaintiff’s father. Before Beitleb, J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $5,000, upon which judgment was entered for $2,000 all above that sum having been remitted. Error assigned was. in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The defendant company, acting by its servant, permitted a horse to partially obstruct the sidewalk for a few moments, by standing upon a driveway leading across the pavement into the yard of the Vulcanite Paving Company. The occasion for stopping the horse at that point was the fact that another horse just ahead was being weighed upon a pair of scales just inside the gateway, and the second horse was waiting to be led also upon the scales. While the horse was thus standing, partly within and partly without the gateway, William Miller passed from the office of the…
2Cited by4 opinions
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- Barshay v. American Ice Co.Superior Court of Pennsylvania · 1924
- Gunderson v. BierenWashington Supreme Court · 1914
- Jackson v. ConnellySupreme Court of Pennsylvania · 1932