Hanlon v. Philadelphia & West Chester Traction Co.

Citations

• 28 Pa. Super. 223
• 1905 Pa. Super. LEXIS 169

Syllabus

<p>Negligence — Street railways — Killing of cow — Evidence.</p> <p>In an action against a street-railway company to recover damages for the killing of a cow, the case is for the jury, and a verdict and judgment for plaintiff will be sustained, where the evidence shows that at the time of the accident a herd of cows was being driven by the plaintiff across a public road and the defendant’s tracks from one field to another for their morning fodder; that this was the plaintiff’s daily custom and was known to the motorman; that the accident occurred in broad daylight, in an open country, on a straight track, where the motorman had a full view of the plaintiff for over 200 yards; that the motorman saw the plaintiff waving his arms and brandishing a stick in attempting to restrain the cows; and that the motorman slowed up his car, but not to such an extent as to save him from colliding* with one of the cows and killing it.</p>