Philad. Traction Co. v. Bernheimer

Citations

• 125 Pa. 615
• 17 A. 477
• 1889 Pa. LEXIS 760

Syllabus

<p>(a) In an action for damages for injuries to the plaintiff’s horse caused by-being struck by a cable car, the only testimony as to the company’s negligence was that of the defendant himself, who testified: That his horse, frightened by the ringing of the car bell, pulled the hitching strap from his hand and started off, reaching the car track when the ear was about eighteen feet away; and that “ the gripman could have stopped the car and have seen the horse.”</p> <p>1. It was not negligence to ring the bell of the car, — it would have been negligence not to have done so; and, the witness knowing nothing of the handling or stopping of the cable car, there was no sufficient evidence upon which to submit the question of the defendant company’s negligence to the jury.</p>