Legal Opinion

S. S. Pass Ry. Co. v. Trich

Supreme Court of Pennsylvania

Decided November 11, 1887No. Nos. 60, 61PublishedCited by 39 opinions

ERROR. TO THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. Nos. 60, 61 October term 1887, Sup. Ct.; court below, Nos. 617, 618 January Term 1885. Two causes were tried together in the court below, one by Edward M. Trick, and the other by Edward M. Trich and Sarah W., his wife, in right of the wife, against the South Side Passenger Ry.

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ERROR. TO THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. Nos. 60, 61 October term 1887, Sup. Ct.; court below, Nos. 617, 618 January Term 1885. Two causes were tried together in the court below, one by Edward M. Trick, and the other by Edward M. Trich and Sarah W., his wife, in right of the wife, against the South Side Passenger Ry. Co., to recover damages for personal injuries to Mrs. Sarah W. Trich occasioned by the alleged negligence of a car-driver in the employ of the defendant company. On April 5, 1882, Mrs. Trich and her father, Mr. John W. McCully, when at the corner of Third…

1Opinion of the Court

Opinion,

Mk. Justice Opeen :

There is no manner of question as to what was the actual and immediate cause of the injury inflicted upon Mrs. Trich. It was an entirely undisputed fact that she was struck and injured by a runaway horse and buggy. All the witnesses who saw the occurrence so testify. Thus, Mr. McCully, the father of Mrs. Trich, who was present with her at the time and was examined on her behalf, after describing her attempt to get on the car and saying that she was bounced off, adds: “A moment or two afterwards here comes a runaway horse and buggy down the street and the shaft, I…

2Cases cited4 opinions

  1. Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
  2. Township of West Mahanoy v. WatsonSupreme Court of Pennsylvania · 1886
  3. Pennsylvania Railroad v. KerrSupreme Court of Pennsylvania · 1870
  4. West Mahanoy Township v. WatsonSupreme Court of Pennsylvania · 1887

3Cited by39 opinions

  1. Kuhns v. BruggerSupreme Court of Pennsylvania · 1957
  2. Chicago, B. & Q. R. v. GelvinCourt of Appeals for the Eighth Circuit · 1916
  3. Lemos v. MaddenWyoming Supreme Court · 1921
  4. Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
  5. City of Okmulgee v. HemphillSupreme Court of Oklahoma · 1938

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