Byrne v. Montgomery & Chester Electric Railway

Citations

• 19 Pa. Super. 531
• 1902 Pa. Super. LEXIS 145

Syllabus

<p>Negligence — Street railways — Killing of horse.</p> <p>In an action against a street railway company to recover damages for the loss of a horse, the case is for the jury where the rider of the horse, although contradicted by four other witnesses, and not corroborated, testified that he was riding the horse on a street where the defendant operated an eleetrie railway, that the horse ran sideways upon-the track when a car which afterwards struck the horse, was at a distance of at least 120 feet away, and that although the rider was making every effort to get off the track, in full view of those who were operating the car, the car, notwithstanding the peril of the horse and rider, was permitted to fun them down, although it might have been stopped within forty feet.</p>