Legal Opinion

Green & Coates Street Passenger Railway Co. v. Bresmer

Supreme Court of Pennsylvania

Decided January 20, 1881No. 1PublishedCited by 3 opinions

Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1880, No. 130. This was an action on the case by John Bresmer against the Green and Coates Street Philadelphia Passenger Railway Company, to recover damages for injuries suffered by the plaintiff, on the 9th December 1878, from the kick of a vicious mare, while being groomed by the plaintiff, who was an hostler in the employ of the defendant company.

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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1880, No. 130. This was an action on the case by John Bresmer against the Green and Coates Street Philadelphia Passenger Railway Company, to recover damages for injuries suffered by the plaintiff, on the 9th December 1878, from the kick of a vicious mare, while being groomed by the plaintiff, who was an hostler in the employ of the defendant company. On the trial, before Biddle, J., the evidence showed that the bad character of the mare for kicking was known to the plaintiff; that she had kicked him on a…

1Opinion of the CourtJustice Mercur

This action was to recover damages for injuries which the defendant in error suffered by the kick of a horse, owned by the company. He was in the employment of the latter as an hostler. As such, he had charge of several horses, including the one which injured him.

A master does not warrant his servant’s safety. He, however, is under an implied contract with those whom he employs, to adopt and maintain suitable instruments and means with which to carry on the business in which they are employed. This includes an obligation to provide a suitable place in which the servant, being himself in the…

2Cases cited4 opinions

  1. Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
  2. Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
  3. Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
  4. Haskin v. N. Y. Central & Hudson River RailroadNew York Supreme Court · 1873

3Cited by3 opinions

  1. Repyneck v. TarantinoSupreme Court of Pennsylvania · 1964
  2. O'Brien v. Corra-Rock Island Min. Co.Montana Supreme Court · 1909
  3. Danisch v. AmerSupreme Court of Pennsylvania · 1906

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