Yingst v. Lebanon & Annville St. Ry. Co.
Supreme Court of Pennsylvania
Appeal, No. 293, Jan. T., 1895, by defendant, from judgment of C. P. Lebanon Co., Sept. T., 1893, No. 10, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Meily, P. J. At the trial it appeared that on July 29,1892, plaintiff was injured by the overturning of a wagon on a street on which defendant company operated a line of electric railway.
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Appeal, No. 293, Jan. T., 1895, by defendant, from judgment of C. P. Lebanon Co., Sept. T., 1893, No. 10, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before Meily, P. J. At the trial it appeared that on July 29,1892, plaintiff was injured by the overturning of a wagon on a street on which defendant company operated a line of electric railway. The substance of plaintiff’s testimony was that the horse drawing the wagon became frightened while one of defendant’s cars was some distance away and continued to shy as it approached nearer, that then the driver…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The plaintiff’s injury resulted from the upsetting of a wagon ■in which she was riding, occasioned exclusively by the fright of the horse drawing the wagon. The horse took fright upon seeing an approaching street car on the defendant’s track, and, turning suddenly away from the road, the wheel of the wagon struck a stone or other obstacle, and this caused the overthrow ■of the vehicle. There was no collision of any kind, the wagon was not on the track but was being drawn upon the highway on which the defendant’s track was laid.
The only ground upon which the claim…
2Cases cited3 opinions
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- Piollet v. SimmersSupreme Court of Pennsylvania · 1884
- Hazel v. People's Pass. Ry. Co.Supreme Court of Pennsylvania · 1890
3Cited by19 opinions
- Wolf v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Kleine v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1916
- Moses v. Northwestern Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1917
- Kepner v. Harrisburg Traction Co.Supreme Court of Pennsylvania · 1897
- Southern Railway Co. v. FlyntCourt of Appeals of Georgia · 1907
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