Patterson Coal & Supply Co. v. Pittsburg Railways Co.
Superior Court of Pennsylvania
Appeal, No. 192, April T., 1908, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1903, No. 693, on verdict for defendant in case of Patterson Coal & Supply Company v. Pittsburg Railways Company. Trespass to recover damages for the death of two horses. Before Swearingen, P. J., specially presiding. The facts appear by the opinion of the Superior Court. The court gave binding instructions for defendant. Plaintiff appealed.
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Appeal, No. 192, April T., 1908, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1903, No. 693, on verdict for defendant in case of Patterson Coal & Supply Company v. Pittsburg Railways Company. Trespass to recover damages for the death of two horses. Before Swearingen, P. J., specially presiding. The facts appear by the opinion of the Superior Court. The court gave binding instructions for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought this action to recover the value of two horses which had been killed, while being driven along a public highway, by the falling of a trolley wire. The state*214ment averred that “the injuries complained of were wholly due to the carelessness and negligence of said defendant in the construction of said wire and their failure to keep the same in a sound and safe condition and proper state of repair.” At the trial the plaintiff produced evidence that the horses were being driven by their servant along a public highway, leading from the City of Pittsburgh to…
2Cases cited5 opinions
- Fitzgerald v. Edison Electric Illuminating Co.Supreme Court of Pennsylvania · 1901
- Zahniser v. Pennsylvania Torpedo Co.Supreme Court of Pennsylvania · 1899
- Kepner v. Harrisburg Traction Co.Supreme Court of Pennsylvania · 1897
- Aument v. Pennsylvania Telephone Co.Superior Court of Pennsylvania · 1905
- Smith v. East End Electric Light Co.Supreme Court of Pennsylvania · 1901
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- Salerno v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1911
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- Douds v. Beaver Valley Traction Co.Superior Court of Pennsylvania · 1913