Osterheldt v. Peoples

Citations

• 208 Pa. 310
• 57 A. 703
• 1904 Pa. LEXIS 749

Syllabus

<p>Negligence — Wagon—Lumber projecting from, end of wagon.</p> <p>In an action by a woman against the owner of a team of horses and a wagon to recover damages for personal injuries, it appeared that at the time of the accident the wagon was heavily loaded with lumber which projected about five feet from the rear of the vehicle. In turning a corner the projecting lumber struck and injured the plaintiff. The testimony showed that the body of the wagon was directly in front of plaintiff when she stopped on the crossing where she was struck, and that consequently the driver who was sitting in front of the wagon had then passed the crossing. The evidence showed that the horses were walking, and that the driver made the turn in a proper way, and on the proper side of the street. Held, that the evidence was insufficient to convict the defendants of negligence, and that binding instructions were properly given in favor of the defendants.</p>