Tobin v. New Castle

Citations

• 248 Pa. 608
• 94 A. 250
• 1915 Pa. LEXIS 624

Syllabus

<p>Negligence — Townships—Roads—Trestles — Noises — Horses — Fright — Judgment for defendant n. o. v.</p> <p>In an action to recover damages for personal injuries sustained by the occupants of a carriage in consequence of the fright of their horses, it appeared that defendant township had permitted the erection of a trestle over the road upon which the carriage was being driven, that a mine railroad was supported in part by the trestle and that a rope used for drawing cars from the mine fell upon the trestle producing a loud noise and causing the fright of plaintiff’s horses. The negligence charged was in permitting the maintenance of the trestle and the rope over the highway in such a manner that loud noises might be produced thereby. The trial judge left the case to the jury which found verdicts for plaintiffs upon which judgment was entered. Held, that the township could not be held responsible for the negligent operation of the rope even though it permitted the erection of the trestle and had notice that at times the rope made a loud noise, that the negligence, if any, was that of the mining company’s servants, and judgment n. o. v. entered for defendant.</p>