Wehr v. Carbon County Electric Railway Co.

Citations

• 217 Pa. 490
• 66 A. 743
• 1907 Pa. LEXIS 742

Syllabus

<p>Negligence — Street railways — Death—Fright of horse — Case for jury.</p> <p>In an action against a street railway company to recover damages for death of plaintiff’s husband, it appeared that the deceased was struck and killed by a car while endeavoring to control and lead his horse from the track. The horse was gentle, accustomed to steam and trolley cars, and had not before been known to frighten at either. There was evidence that when the horse turned on to the track, the car was over seventy feet from it, and it could have been stopped within twenty-five feet, and that the motorman was not at his post on the front platform, but was in the middle of the car. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>