Chartiers Tp. v. Phillips
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF WASHINGTON COUIÍTY- No. 93 October Term 1888, Sup. Gt.; court below, Ho. 264 ’November Term 1886, C. P. On October 29, 1886, James J. Phillips brought an action In case against Chartiers township, to recover damages for injuries alleged to have been caused by the negligence of the defendant.
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ERROR TO THE COURT OF COMMON PLEAS OF WASHINGTON COUIÍTY- No. 93 October Term 1888, Sup. Gt.; court below, Ho. 264 ’November Term 1886, C. P. On October 29, 1886, James J. Phillips brought an action In case against Chartiers township, to recover damages for injuries alleged to have been caused by the negligence of the defendant. At the trial on March 6,1888, the case of the plaintiff in chief was to this effect: On March 30, 1886, the plaintiff was about to drive front the place of Huston Phillips, in Chartiers township, to Canons-burg, and to pick up John F. Butler on the way. The mare had…
1Opinion of the Court
Opinion,.
Me. Justice Gkeen:
It is beyond all question that the direct and immediate cause of the plaintiff’s injury was the overturning of the wagon *611in which he was riding. It is equally certain that the wagon was upset by the sudden falling of the animal that was drawing it. What caused the mare to fall is not clear, and is not explained by the plaintiff’s testimony. She did not take fright, she was not running away, bitt on the contrary was moving very slowly through a mud puddle. She got entirely through, and then to use the language of the plaintiff in his testimony, “the mare just fell…
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