Vansant v. McMenamy

Citations

• 41 Pa. Super. 509
• 1910 Pa. Super. LEXIS 258

Syllabus

<p>Negligence — Steam engine — Escape of steam — Fright of horse— Question for jury.</p> <p>1. In action to recover damages for personal injuries cáused by the fright of a horse, the case is for the jury where it appears that the defendant used on a highway a steam machine for pumping water from a creek into a water wagon; that the engine was equipped with a safety valve which worked automatically at a pressure of 100 pounds, at which pressure steam escaped with a sharp, shrill noise; that the man in charge of the engine had it in his power to reduce the pressure or give timely warning of danger, but that neglecting to do so he permitted a violent explosion of steam without warning the plaintiff, thus causing the fright of plaintiff’s horse.</p> <p>2. In such a case it is not an excuse that the work in which the defendant was engaged was in itself lawful, or that it was done in the exercise of a right, if the injury resulted from the negligent manner in which the work was performed.</p> <p>3. Where the duty of care is not fixed but varies with the circumstances the ease is for the jury, and where inferences may arise from facts proved or admitted where there is no established standard of judgment it is the province of the jury to draw such inferences.</p>