Legal Opinion

Stevenson v. United States Express Co.

Supreme Court of Pennsylvania

Decided April 27, 1908No. Appeal, No. 236PublishedCited by 12 opinions

Appeal, No. 236, Jan. T., 1907, by-defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1906, No. 1,025, on verdict for plaintiff in case of Elizabeth L. Stevenson v. United States Express Company. ■ Trespass to recover damages for personal injuries. Before Magill, J. ■ At the trial it appeared that on January 2, 1906, the plaintiff, an invalid, was pushed in her rolling chair by her attendant, to a point near the express office of the defendant company.

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Appeal, No. 236, Jan. T., 1907, by-defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1906, No. 1,025, on verdict for plaintiff in case of Elizabeth L. Stevenson v. United States Express Company. ■ Trespass to recover damages for personal injuries. Before Magill, J. ■ At the trial it appeared that on January 2, 1906, the plaintiff, an invalid, was pushed in her rolling chair by her attendant, to a point near the express office of the defendant company. The attendant left .the chair with the plaintiff in it, standing in the cartway of the street while she went to deliver a package…

1Opinion of the Court

Per Curiam,

One who leaves a horse unhitched and unattended on a city street takes the risk of what the horse may do. It was held in Henry v. Klopfer, 147 Pa. 178, that such an act raises a presumption of negligence and puts on the party doing it the burden of showing circumstances which justified or excused it. How strong the presumption will be must depend largely on the circumstances. If the horse is young, skittish, nervous or unused to the sights and sounds of a city street, the presumption would be strong, while if he is old, staid and accustomed to city life, it might be very slight.…

2Cases cited1 opinion

  1. Henry v. KlopferSupreme Court of Pennsylvania · 1892

3Cited by12 opinions

  1. Jordan v. EiseleSupreme Court of Pennsylvania · 1922
  2. Groner v. HedrickSupreme Court of Pennsylvania · 1961
  3. Idell v. DaySupreme Court of Pennsylvania · 1922
  4. Barshay v. American Ice Co.Superior Court of Pennsylvania · 1924
  5. Reetz v. SchemanskyMichigan Supreme Court · 1937

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