Stryker v. Montoursville Borough

Citations

• 57 Pa. Super. 100
• 1914 Pa. Super. LEXIS 157

Syllabus

<p>Negligence — Boroughs—Fright of horse — Proximate cause.</p> <p>1. In an action against a borough to recover damages for personal injuries resulting from a horse taking fright at a cow tethered in a street of the borough, there is no ease for the jury where it appears that after the fright caused by the cow, the horse became perfectly calm and still, and only took fright again after a burst of thunder. In such a case the tethered cow in the street was not the proximate cause of the accident.</p> <p>Constitutional law — Trial by jury — Act of April 22,1905, P. L. 286.</p> <p>2. The Act of April 22,1905, P. L. 286, which provides for the entry of judgment upon the whole record whenever a request for binding instructions has been reserved or delivered by the trial judge, is not a contravention of the right of trial by jury and is constitutional.</p>