McKinney v. United Traction Co.

Citations

• 19 Pa. Super. 362
• 1902 Pa. Super. LEXIS 102

Syllabus

<p>Negligence — Street railways — Fright of horse — Probable cause — Evidence.</p> <p>In an action against a street railway company to recover damages for personal injuries sustained in being thrown from a frightened horse, the evidence is insufficient for submission to the jury which is in effect that the plaintiff was riding a young horse bareback upon a wide avenue on which were two street car tracks; that he used a carriage bridle with blinders; that the horse had been ridden past street cars the day before without difficulty; that as plaintiff approached a street crossing on the day of the accident the horse became frightened and plunged upon the tracks; that plaintiff turned the horse off the track, or he went from the track independent of the will of the rider, and a car passed him ; that the horse then became unmanageable, ran by the car plunging and leaping around, abreast of and ahead of the car, and when about the middle of the square he suddenly wheeled around, faced the car, reared, then stumbled, aud threw the plaintiff over his head on to the roadway in front of the car which was then a short distance off, but stopped before it reached him; that the car was properly operated and under the control of the motorman all the time, that the gong was sounded at the cross street and several times after passing that street; and that the horse was nervous, excited and frightened before the ear appeared.</p>