Clement v. Adams Express Co.

Citations

• 43 Pa. Super. 25
• 1910 Pa. Super. LEXIS 7

Syllabus

<p>Negligence — Animals—Dogs—Driving over dog.</p> <p>1. If a person driving a wagon in a reasonable and proper manner along a city street or a country road, is confronted by a dog, he is under no obligation to stop until the dog gets out of the way, or to get out of the vehicle and try to remove the dog from the street, or to drive out of the way to avoid the dog. In such a case the driver may take into consideration the alertness and agility of the dog and assume that it will get out of the way before the wagon reaches it. The mere fact that the dog is a small house dog, does not change the rule.</p> <p>2. Where a small Pomeranian dog runs in front of a team of horses, and barks, and is crushed under the wheels of the wagon drawn by the team, the owner of the team cannot be held liable for the loss of the dog, where there is no evidence to show willfulness on the part of the driver, or apparent inability of the dog to get out of the way of the wagon.</p>