McMahen v. White
Superior Court of Pennsylvania
Appeal, No. 44, Oct. T., 1905, by defendant, from judgment of G. P. No. 2, Phila. Co., Dec. T.. 1902, No. 343, on verdict for plaintiff in case of William H. McMahen v. Stacy H. White. Trespass to recover damages for death of a horse.
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Appeal, No. 44, Oct. T., 1905, by defendant, from judgment of G. P. No. 2, Phila. Co., Dec. T.. 1902, No. 343, on verdict for plaintiff in case of William H. McMahen v. Stacy H. White. Trespass to recover damages for death of a horse. Before Wiltbank, J. The facts are stated in the opinion of the Superior Court and the charge which was as follows : The facts in the case have been gone over so carefully and fully by counsel for plaintiff and defendant, and they are in themselves so few, so far as they are controlling facts, that I need not state them again to you. The conceded facts are that…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff was driving northward in his carriage drawn by one horse on the Wissahickon road, a public highway in Fair-mount park, Philadelphia, and the defendant, with a friend who was driving by his permission, was riding in the opposite direction in a carriage drawn by one horse belonging to him. The time was about nine o’clock in an evening in July. At a point where, according to some of the testimony, there was a bend in the road, the two horses collided with such force, that the left shaft of each carriage penetrated deeply the breast of the horse hitched to the…
2Cases cited18 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Dean v. Pennsylvania R.Supreme Court of Pennsylvania · 1889
- Duggan v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1893
- Cohen v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1905
- Little v. Central District & Printing Telegraph Co.Supreme Court of Pennsylvania · 1906
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- Stafford v. Roadway Transit Co.District Court, W.D. Pennsylvania · 1947
- Lassock v. BileskiSuperior Court of Pennsylvania · 1928
- Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
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