Davison v. Wilkes-Barre & Wyoming Valley Traction Co.
Superior Court of Pennsylvania
Appeal, No. 31, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1892, No. 364, on verdict for plaintiff. Opinion by Smith, J. Orlady and W. W. Porter, JJ., dissent. Trespass for injuries to a horse resulting from alleged negligence of defendant company. Before Lynch, J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for 183.00. Defendant appealed.
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Appeal, No. 31, Jan. T., 1899, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1892, No. 364, on verdict for plaintiff. Opinion by Smith, J. Orlady and W. W. Porter, JJ., dissent. Trespass for injuries to a horse resulting from alleged negligence of defendant company. Before Lynch, J. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for 183.00. Defendant appealed. Error assigned among others was in not instructing the jury to find for the defendant.
1Opinion of the Court
Ophhoh by
Smith, J.,
This case arose from an accident which, as related by the plaintiff, presents some unusual features. The plaintiff’s horse and wagon stood on the street, near the curb, the horse tied to a telegraph pole; a mare, owned by the plaintiff, was tied to the rear of the wagon, on the side next the curb, the tie being about eighteen inches long; the plaintiff stood close by the mare, on the side next the street; a trolley car, on a track eleven feet from the curb, approached from behind at a speed of twenty miles an hour; the “ waft of the car ” —the air current arising from its…
2Cases cited7 opinions
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Yingst v. Lebanon & Annville St. Ry. Co.Supreme Court of Pennsylvania · 1895
- Lederman v. Penna. RailroadSupreme Court of Pennsylvania · 1895
- Kline ex rel. Kline v. Electric Traction Co.Supreme Court of Pennsylvania · 1897
- Reber v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1897
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