McCandless v. Phreaner

Citations

• 24 Pa. Super. 383
• 1904 Pa. Super. LEXIS 192

Syllabus

<p>Negligence — Point—Charge of wantonness — Trial.</p> <p>Where in a negligence case a point is presented charging wantonness, but there is no evidence whatever of wantonness in the case, the point should be promptly negatived.</p> <p>Negligence — Contributory negligence — Evidence—Chain across driveway.</p> <p>In an action to recover damages for injuries to a horse, it appeared that the defendant occupied a house upon an enclosed lot to and from which ingress and egress were had by.two openings. These openings were closed by means of chains, which were usually hung in the evening, but were down during the day. The chains were easily visible from the road, and the plaintiff had knowledge of their existence. On the evening of the accident, plaintiff, a milkman, drove through one of the openings, the chain being down, and in leaving started his horse at a trot, intending to pass out through the other opening. The chain, however, had been hung, and the horse was brought up suddenly and injured. There was no evidence that there was anything unusual about the chain either as to its make, or as to the manner in which it was hung. Held, that plaintiff was not entitled to recover, and that it was error to submit the case to the jury.</p>