235 Pa. 618 | Pa. | 1912
Opinion by
Sarah Funk brought this action in trespass against the Hummelstown and Campbellstown Street Railway-Company, on behalf of herself and her minor child, to recover damages for the death of her husband, Harry K. Funk, which she alleged resulted from the negligence of the defendant Company.
On the evening of January 29, 1910, a stormy night, Funk was riding horse-back along a public highway called the Berks and Dauphin turnpike. It had been snowing and blowing the entire day and previous night, and the snow was thrown up in banks or drifts along the road. The testimony as to the height of these banks of snow varied, some witnesses saying that they were as high as three feet and others that they were not more than eighteen inches. The defendant company operated a trolley line in the middle of the turnpike, and on the day of the accident had two employees clearing its right of way and shovelling the snow to the north and south of its tracks. The deceased had arrived in the town of Palmyra and was riding between the rails as a' car approached from the opposite direction; at that time his horse was unmanageable. When the motorman saw the deceased he blew the whistle and brought his car to a stop, but the horse continued to rear and plunge and Funk fell to the ground across the track and part way under the front of the car. An examination of his body disclosed an injury upon his head about the size of a dollar, from which he died shortly afterwards. There was no direct evidence that the car came in contact with the rider or the horse before Funk was unseated or to explain precisely the immediate cause of the injury from which he died. The jury rendered a verdict for the plaintiff, and the defendant has appealed and assigns for error the court’s refusal of binding instructions and judgment non obstante veredicto in its favor and the entry of judgment on the verdict.
A careful examination of the printed evidence fails
The assignments of error are sustained, the judgment is reversed and is here entered for the defendant.