Hollihan v. Pittsburg Railways Co.

Citations

• 54 Pa. Super. 204
• 1913 Pa. Super. LEXIS 41

Syllabus

<p>Negligence — Street railways- — Fright of horse — Speed—Ringing bell. '</p> <p>1. In an action against a street railway company to recover for ixijuries resulting from the fright of a horse, no negligence on the part of the defendant company is established, where the evidence shows that the plaintiff was riding on horseback in the middle of a macadamized road on a down grade after having passed a curve; that a street car following the plaintiff rounded the curve and came down the grade at a high rate of speed with its bell continuously and loudly ringing at‘the curve and down the grade; and that the horse showed no sign of fright until the car was nearly opposite to him when he suddenly wheeled and whirled backward and his rump came in collision with the corner of the body of the car just back of the steps leading down from the front of the platform.</p> <p>2. No inference of negligence is to be drawn from the mere fact that an electric car upon a suburban road is run at a good rate of speed.</p> <p>3. It is the duty of a motorman to ring his bell when he sees travelers upon the highway ahead of him at curves and when he approaches streets and roads which open into the highway, and if horses are frightened by the ringing and suddenly become unmanageable, the motorman is not chargeable with negligence which will render the company liable.</p>