Pool v. Van

Citations

• 38 Pa. Super. 402
• 1909 Pa. Super. LEXIS 150

Syllabus

<p>Negligence — Brass band — Fright of horse — Animals.</p> <p>In an action against the leader of a band to recover for loss of a horse, where the evidence shows that the defendant's band took a stand at the intersection of two streets, gathering a crowd around it, and leaving only a narrow passageway open, and that plaintiff’s horse took fright at the sound of the drums and brasses, and as a result sustained injuries in consequence of which he had to be killed, the question whether the use of a street by the band was an ordinary one or an extraordinary one, and whether the playing of the band was the proximate cause of the accident is for the jury.</p>