Yingst v. Lebanon & Annville St. Ry. Co.

Citations

• 167 Pa. 438
• 31 A. 687
• 1895 Pa. LEXIS 925

Syllabus

<p>Negligence — Street railways — Speed of car — Fright of horse.</p> <p>The right of a street railway company to run its cars over its tracks, laid upon a public highway, is equal to the right of travelers to the use of the highway. They have a right to go “ fast,” and the mere fact that a traveler’s horse takes fright at an approaching car confers no right of action whatever upon the traveler against the street railway company for an injury resulting from the fright of the horse.</p> <p>Plaintiff was injured while driving a wagon along a street on which defendant, a street railway company, operated an electric railway. The horse took fright at an approaching car, and, turning suddenly, the wheel struck some obstacle, overthrowing it and causing the injury. Plaintiff alleged that the car was run at an unlawful rate of speed. Her testimony was that the car “came at full headway;” that “they were running pretty fast; ” “ they came swiftly past us.” Other witnesses for plaintiff testified that the horse did not begin to shy until the car was within twenty or thirty feet from him. There was no evidence of the actual speed of the car, or that it was greater than was allowable; nor as to what would be a reasonably prudent rate of speed. Held, that the testimony was insufficient to establish negligence on the part of the defendant, and a nonsuit should have been entered.</p> <p>In order to create liability against the defendant in such ease, the evidence should clearly show that the car was moving at an unusual rate of speed, or at a rate which was not reasonably prudent, or at such definite rate in miles per hour as would of itself show that it was excessive, or at a rate greater than is allowed by the municipal ordinances; and as the plaintiff in this case was not a passenger, the burden of proof was on her to establish the truth of her allegations by affirmative testimony, failing in which she must fail in her suit.</p>