Legal Opinion

Hennessey v. Baugh & Sons Co.

Superior Court of Pennsylvania

Decided October 23, 1905No. Appeal, No. 167PublishedCited by 3 opinions

Appeal, No. 167, Oct. T., 1905, by-defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1904, No. 388, on verdict for plaintiff in case of Michael Hennessey v. Baugh and Sons Company. Trespass for injuries to a wagon and horse. Before Carr, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $220.56. Defendant appealed.

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Appeal, No. 167, Oct. T., 1905, by-defendant, from judgment of C. P. No. 4, Phila. Co., Sept. T., 1904, No. 388, on verdict for plaintiff in case of Michael Hennessey v. Baugh and Sons Company. Trespass for injuries to a wagon and horse. Before Carr, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $220.56. Defendant appealed. Errors assigned were (1) that the court erred in refusing binding instructions for defendant; (2) that the verdict was excessive.

1Opinion of the Court

Opinion by

Pobtek, J.,

The first assignment of-error is based upon the refusal of the court below to give binding instructions in favor of the defendant. The evidence clearly established that the horse and wagon of the plaintiff were damaged by. a collision resulting from the negligence of the driver of another team, and the jury so found. The question to be considered, and the only one which has been argued under this specification of error, is whether there was sufficient evidence to warrant a finding that the defendant company was responsible for the negligence of the driver. Benjamin F.…

2Cases cited4 opinions

  1. Norris v. . KohlerNew York Court of Appeals · 1869
  2. Connor v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
  3. Hershinger v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
  4. McCoun v. New York Central & Hudson River RailroadNew York Supreme Court · 1873

3Cited by3 opinions

  1. Midora v. Alfieri (Et Al.)Supreme Court of Pennsylvania · 1941
  2. Sarver v. MitchellSuperior Court of Pennsylvania · 1907
  3. Corpies v. Sand Co.Superior Court of Pennsylvania · 1906

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