Colvin v. Vensel

Citations

• 194 Pa. 83
• 44 A. 1072
• 1899 Pa. LEXIS 734

Syllabus

<p>Contributory negligence — Horse racing.</p> <p>In an action to recover damages for injury to a horse, it appeared that the plaintiff’s driver was racing her horse with another horse on a race track, and that the defendant uninvited joined in the race and attempted to drive between the other horses. He found that the space was insufficient, and being unable to control his horse he called to the plaintiffs driver to make room for him. Held, that in the absence of testimony which would warrant the jury in finding that the plaintiff’s driver heard the call or knew that the defendant’s horse was beyond control, it was not error to instruct the jury that the defense of contributory negligence was not made out.</p>