Zirkman v. Philadelphia & West Chester Traction Co.

Citations

• 33 Pa. Super. 85
• 1907 Pa. Super. LEXIS 246

Syllabus

<p>Negligence — Street railways — Roads—Obstruction of highway.</p> <p>In an action against a street railway company to recover the loss of a horse, a judgment on a verdict for plaintiff will be sustained where the evidence for plaintiff although contradicted, tends to show that the defendant, at the place of the accident piled ballast three or four feet beyond its tracks on the public highway, that the highway at this point was hardly wide enough for two teams to pass, and that plaintiff in permitting a heavily loaded team to pass, was compelled to drive upon the stones, and that the loose stones caused his horse to' fall and sustain the injuries for which the suit was brought.</p>