Obold v. United Traction Co.
Obold v. United Traction Co.
Opinion of the Court
Opinion by
After reserving the question “ whether there is any evidence in this case entitling the plaintiff to recover, ” the court below directed judgment to be entered on a verdict in favor of the
The meeting of the plaintiff with the street sweeper was at a place where each had a right to be. It was the duty of each to exercise watchful care in passing on the bridge. The sweeper could not yield airy space and very properly stopped to allow the plaintiff to get around it. The defendant’s employees must have known that the sweeper when in motion produced an unusual noise likely to frighten a horse of ordinary quietness, and that such a noise when coming from behind the horse would be likely to alarm it. They saw its nervous condition when being taken around the sweeper and could readily anticipate that so long as the plaintiff was leading the horse, “ that was rearing and much excited,” “ skittish and shy,” the noise of the sweeper would be likely to aggravate its alarm. At least it would be a reasonable inference for a jury to draw and the defendant had the sweeper entirely within its control.
Inferences of fact are derived wholly and directly from the circumstances of a particular case by means of the common experience of mankind without the aid of rules of law whatever, and such inferences are to be drawn by a jury and not by the court. Just how long the sweeper should have remained still, depending as it does upon a number of other facts and the
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.