Potter v. Natural Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 52, Oet. T., 1897, by defendant, from judgment of C. P. Washington Co., May. Term, 1896, No. 168, on verdict for plaintiff. Trespass for personal injuries. Before McIlyaine, P. J. The facts appear by the opinion of the Supreme Court. At the trial, W. D. Smith, a witness for plaintiff, testified that some weeks before, a horse owned by him had been frightened by the scraping of a wheel against the pipe, at the point where plaintiff was injured.
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Appeal, No. 52, Oet. T., 1897, by defendant, from judgment of C. P. Washington Co., May. Term, 1896, No. 168, on verdict for plaintiff. Trespass for personal injuries. Before McIlyaine, P. J. The facts appear by the opinion of the Supreme Court. At the trial, W. D. Smith, a witness for plaintiff, testified that some weeks before, a horse owned by him had been frightened by the scraping of a wheel against the pipe, at the point where plaintiff was injured. He was then asked whether the animal he was driving was quiet or excitable, as bearing upon the character of the noise made, and its…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
On November 1,1895, in the evening, the plaintiff, a school teacher, in East Finley township, Washington county, was driving home from Ills school in a one-horse, two-wheeled Canton cart; in going along the highway, the right cart wheel struck and scraped a two inch iron pipe at the side of the road, the mare be was driving took fright, jumped to one side and kicked over the front of the cart; plaintiff was thrown backward out of the cart, and tlie mare ran away. He was seriously injured, his kneepan being broken into three pieces. The pipe was part of a feed line…
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