Davis v. Pennsylvania Railroad

Citations

• 218 Pa. 463
• 67 A. 777
• 1907 Pa. LEXIS 546

Syllabus

<p>Negligence — Railroads—Fright of horse — Glare of tin.</p> <p>An owner of real estate has the right to use his property for every lawful purpose for which he may desire to use it, and is only required to exercise ordinary care in that use in order to relieve him from liability for damages on account of injuries incidentally resulting to a traveler on the highway.</p> <p>A railroad company cannot be convicted of negligence in removing bags of phosphate from a station building in the course of repairs, piling them on its own premises abutting on a public highway, and covering the bags with tin with the bright side up, so that the glare of sunlight from the tin frightens a horse and injures the person driving it.</p> <p>Mr. Justice Mestrezat dissents.</p>