Kerr v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 296, Oct. T., 1917, by defendant, from judgment of Municipal Court, Philadelphia Co., March T., 1915, No; 676, on verdict for plaintiff in case of David A. Kerr et al. v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to horses. Before Crane, J. The circumstances relating to the accident are set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $200. Defendant appealed.
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Appeal, No. 296, Oct. T., 1917, by defendant, from judgment of Municipal Court, Philadelphia Co., March T., 1915, No; 676, on verdict for plaintiff in case of David A. Kerr et al. v. Philadelphia Rapid Transit Company. Trespass to recover damages for injuries to horses. Before Crane, J. The circumstances relating to the accident are set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $200. Defendant appealed. Error assigned was in overruling defendant’s motion for judgment n. O', v.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The plaintiffs’ omnibus, twenty-five feet long, drawn by six black horses geared in three pairs, one ahead of the other, was being driven west on Queen street about ten p. m. on July 5, 1914. When the driver entered upon the defendant’s track on Fourth street, a street car collided with the team and certain injuries resulted. This crossing is in a thickly populated section of Philadelphia. The plaintiffs’ witnesses contended that the “car was running at an awful rate of speed, like a flash of lightning,” — “as the car hit the horse the motorman walked back from the…
2Cases cited8 opinions
- Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895
- Timler v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906
- Ervay v. Waverly, Sayre & Athens Traction Co.Supreme Court of Pennsylvania · 1913
- King v. Pittsburgh, Harmony, Butler & New Castle Ry. Co.Supreme Court of Pennsylvania · 1914
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