Kepner v. Harrisburg Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 6, Jan. Term, 1897, by plaintiff, from order of C. P. Dauphin County, March T., 1896, No. 438, refusing to take off nonsuit. Trespass for personal injuries. Before McPherson, J. The facts appear by the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit, which it subsequently refused to take off in an opinion in part as follows : The motion to take off the nonsuit raises a question that should be settled definitely.
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Appeal, No. 6, Jan. Term, 1897, by plaintiff, from order of C. P. Dauphin County, March T., 1896, No. 438, refusing to take off nonsuit. Trespass for personal injuries. Before McPherson, J. The facts appear by the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit, which it subsequently refused to take off in an opinion in part as follows : The motion to take off the nonsuit raises a question that should be settled definitely. The plaintiff concedes that no other evidence of defendant’s negligence is to be found than the unexplained breaking of a wire; but the…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
While the plaintiff and Montgomery were riding in a piano wagon on Market street in the city of Harrisburg, their horse was frightened by the breaking of a trolley wire, and the plaintiff, alarmed by the noise and electric flashes occasioned by it, and by the plunging of the horse, jumped or was thrown from the wagon to the ground and was seriously injured thereby. Neither the wagon or the horse, nor the plaintiff or his companion, was struck or touched by the wire, or injured by the sparks emitted from it. It is not claimed that the occurrence can be attributed…
2Cases cited4 opinions
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Yingst v. Lebanon & Annville St. Ry. Co.Supreme Court of Pennsylvania · 1895
- Clow v. Pittsburgh Traction Co.Supreme Court of Pennsylvania · 1893
- Dixey v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
3Cited by17 opinions
- Izzi v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1963
- Lanning v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Palmer v. Warren Street Railway Co.Supreme Court of Pennsylvania · 1903
- Rose v. Adelphia HotelSupreme Court of Pennsylvania · 1930
- Zercher v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1912
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