Supplee-Wills-Jones Milk Co. v. Southern Pennsylvania Traction Co.

Opinion by

Gawthrop, J.,

Appellant charged defendant with the negligent operation of its trolley car which ran into its team and caused the death of a horse and damage to the wagon and harness. The learned trial judge entered a compulsory nonsuit and from the refusal to take it off this appeal was taken.

The jury could have found the following facts: About daybreak on January 23, 1928, Bushee, plaintiff’s employee was driving one of its two-horse milk wagons westwardly on Chester Pike. The horses had been driven daily by this driver for six months over the same milk route; they were about ten…