Wellman v. Borough of Susquehanna Depot
Citation | 31 A. 566,167 Pa. 239 |
Decision Date | 01 April 1895 |
Docket Number | 41 |
Parties | David Wellman v. Borough of Susquehanna Depot, Appellant |
Court | United States State Supreme Court of Pennsylvania |
Argued March 19, 1895 [Copyrighted Material Omitted]
Appeal, No. 41, July T., 1894, by defendant, from judgment of C.P. Susquehanna Co., Nov. T., 1891, No. 139, on verdict for plaintiff. Affirmed.
Trespass for personal injuries. Before SEARLE, P.J.
At the trial it appeared that on July 22, 1891, plaintiff was traveling in a wagon in the borough of Susquehanna Depot to his home in New Milford township. While still in the borough at a point on Front street near a railroad station the horse which he was driving plunged over a steep bank at the side of the road dragging the wagon with him, and seriously injuring plaintiff. At the place where the accident occurred, the roadbed was smooth, level, and twenty feet wide; it was twenty-eight feet higher than the railroad, and fifty-six feet distant therefrom -- a steep embankment intervening. There were no guards or barriers along the road.
The defendant offered evidence which tended to show that there was another road which was perfectly safe, and which the plaintiff, by only going out of his way about two hundred and twenty-five feet, could have used on his journey home; that plaintiff knew that this road was a safe one, while he testified that he had always considered the other one dangerous. There was also some evidence that it was an attack of blind staggers, and not fright from cars, which caused the horse to plunge over the bank.
The court charged in part as follows:
The counsel for the plaintiff have submitted certain points in writing, requesting us to charge you as follows:
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Shriver v. Marion County Court
...defendants. It has been applied in many well considered decisions involving cases of this kind. Wellman v. Burrough of Susquehanna Depot, 167 Pa. 239, 31 Atl. 566; Smith v. Newcastle, 178 Pa. 298, 35 Atl. 973; Chilton v. Carbondale, 160 Pa. 463, 28 Atl. 833; Cosner v. Centerville, 90 Iowa, ......
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Shriver v. Marion County Court
... ... cases of this kind. Wellman v. Burrough of Susquehanna ... Depot, 167 Pa. 239, 31 A. 566; Smith v ... ...
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