Hanlon v. Philadelphia & West Chester Traction Co.
Superior Court of Pennsylvania
Appeal, No. 191, Oct. T., 1904, by defendant, from judgment of C. P. Delaware Co., March T., 1903, No. 77, on verdict for plaintiff in case of Alexander Hanlon v. Philadelphia & West Chester Traction Company. Trespass to recover damages for killing a cow. Before Johnson, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $70.19. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Oblady, J.,
The plaintiff’s farm was bisected by a public road, on one *225side of which is located the defendants’ traction railway on enclosed land of its own. There was a breach in the fence of the trolley company to enable the plaintiff to have access to his fields, which were arranged so that on the south side, immediately opposite the breach in the defendants’ fence, there was a gate, opening into a feeding lot, and on the north side a pair of Joars opening into a field in which a herd of forty dairy cows were kept. The plaintiff’s custom, which was well known to the motorman, was…
2Cases cited5 opinions
- Cohen v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1905
- Cromley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
- Jones v. United Traction Co.Supreme Court of Pennsylvania · 1902
- Kroesen v. New Castle Electric Street Railway Co.Supreme Court of Pennsylvania · 1901
- Harman v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1901
3Cited by3 opinions
- Keller v. Conestoga Traction Co.Superior Court of Pennsylvania · 1911
- Bowders v. Hagerstown & Frederick Railway Co.Superior Court of Pennsylvania · 1918
- Kelemenan v. Pittsburg, Harmony, Butler & New Castle Railway Co.Superior Court of Pennsylvania · 1912