84 Pa. Super. 538 | Pa. Super. Ct. | 1924
Argued November 11, 1924. Alfred Barshay, a child two and a half years old, was playing on the sidewalk near his home, 1638 Ridge Avenue, Philadelphia. Defendant's employee was delivering ice from a wagon drawn by a team of horses. He stopped in front of 1642 Ridge Avenue and carried in a piece of ice leaving the horses unhitched. One of the horses snapped at the Barshay boy, who was playing near the curb and bit his hand severely. This action in trespass resulted.
Plaintiffs' statement set up two grounds for recovery: (1) That the horse was green and vicious; (2) that defendant was negligent in permitting the team to stand unattended on a public street. No evidence was produced tending to prove that the horse was green or vicious or had ever bitten any person before; and the learned trial judge properly withdrew that feature of the case from the consideration of the jury: Quigley v. Adams Express Co.,