Stevenson v. United States Express Co.

Citations

• 221 Pa. 59
• 70 A. 275
• 1908 Pa. LEXIS 434

Syllabus

<p>Negligence — Animals—Unattended horse in city street — Contributory negligence — Question for fury.</p> <p>One who leaves a horse unhitched and unattended on a city street takes the risk of what the horse may do. Such an act raises a presumption of negligence and puts on the party doing it the burden of showing circumstances which justified or excused it. How strong the presumption will be must depend largely on the circumstances. If the horse is young, skittish, nervous or unused to the sights and sounds of a city street the presumption would be strong, while if he is old, staid and accustomed to city life, it might be very slight.</p> <p>Where an invalid in a rolling chair is left by her attendant in the cartway of a public street about twenty feet behind an unattended and unhitched horse and wagon, and the horse backs upon the chair and injures its occupant, the question of the occupant’s contributory negligence is for the jury.</p>