Steiner v. Phila. Traction Co.
Supreme Court of Pennsylvania
APPEAL'BY PLAINTIEE EROM THE COURT OE COMMON PLEAS NO. 3 OE PHILADELPHIA COUNTY. No. 128 January Term 1890, Sup. Ct.; court below, No. 760 June Term 1888, C. P. No. 3. To the. number and term of the court below, George S. Steiner brought trespass against the Philadelphia Traction Company 1‘ for negligence in unnecessarily stopping a traction car at an unusual and improper place immediately in front of a pair of restive horses, owned and in charge of the plaintiff; and, while…
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APPEAL'BY PLAINTIEE EROM THE COURT OE COMMON PLEAS NO. 3 OE PHILADELPHIA COUNTY. No. 128 January Term 1890, Sup. Ct.; court below, No. 760 June Term 1888, C. P. No. 3. To the. number and term of the court below, George S. Steiner brought trespass against the Philadelphia Traction Company 1‘ for negligence in unnecessarily stopping a traction car at an unusual and improper place immediately in front of a pair of restive horses, owned and in charge of the plaintiff; and, while the car was so stopped, unnecessarily, continuously and negligently ringing a gong, causing said horses to break away…
1Per curiam
The plaintiff has no cause to complain that he was nonsuited by the court below. He had no case. His claim was a mere attempt to speculate upon the credulity or the prejudices of a jury, and the learned judge below properly held there was nothing to submit to them. The plaintiff was a butcher, residing in Montgomery county, and was in the habit of driving a two-horse wagon to the city of Philadelphia, loaded with meat, which he sold to his customers. On the day of the accident he was engaged on Columbia avenue, delivering meat from his wagon, when his horses became restive at the approach of…
2Cases cited2 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. StingerSupreme Court of Pennsylvania · 1875
- Philad. Traction Co. v. BernheimerSupreme Court of Pennsylvania · 1889
3Cited by5 opinions
- Lake Erie & Western Railway Co. v. JudayIndiana Court of Appeals · 1898
- Simonds v. Maine Telephone & Telegraph Co.Supreme Judicial Court of Maine · 1908
- Lightcap v. Philadelphia Traction Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1894
- Higgins v. Wilmington City Railway Co.Superior Court of Delaware · 1895
- Hollihan v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1913