Sturgis v. Kountz
Supreme Court of Pennsylvania
Appeal, No. 39, Oct. T., 1894, by defendant, from judgment of O. P. No. 2, Allegheny Co., April T., 1893, No. 640, on verdict for plaintiff. Trespass for loss of horse and buggy.
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Appeal, No. 39, Oct. T., 1894, by defendant, from judgment of O. P. No. 2, Allegheny Co., April T., 1893, No. 640, on verdict for plaintiff. Trespass for loss of horse and buggy. Before White, J. The jury returned the following special verdict: “ We find for the plaintiff $365, and also find the following facts : The accident to the plaintiff was caused by the blowing of steam on a tug boat passing near the ferryboat, which frightened the horses on the ferryboat, causing the team in front of plaintiff to prance and back against plaintiff’s horse, thereby causing plaintiff’s horse to rear and…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
The defendant was the owner of a ferryboat, “ William Thaw,” plying between the lower part of Allegheny City and south side of the Ohio river. On the 9th of February, 1892, the plaintiff, Dr. W. W. Sturgis, a practicing physician, drove on the boat in a light two wheeled sulky, to be ferried from north to south side. The boat left the wharf, and was some *363distance from it in the channel, when it was passed by a small tug boat, the “ John Dippel ” which, when near to the “ William Thaw,” blew its steam whistle. This frightened the horses, of which there were a number…
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