Anderson v. Pittsburgh Railways Co.

Citations

• 251 Pa. 517
• 96 A. 1051
• 1916 Pa. LEXIS 496

Syllabus

<p>Negligence — Street railways — Pedestrian on track — Contributory negligence — Case for jury.</p> <p>1. Where the credibility of witnesses is in issue the case is always for the jury. The preponderance of evidence depends upon the credibility and not the number of witnesses and there will be no reversal on appeal although the weight of the evidence is with the appellant.</p> <p>2. The remedy for the wilful or capricious disregard of testimony by the jury is the granting of a new trial.</p> <p>3. In an action against a street railway company to recover damages for personal injuries sustained by plaintiff in consequence of being struck by one of defendant’s cars, the case is for the jury and a verdict for the plaintiff will be sustained where there was a conflict of evidence as to whether plaintiff at the time was walking on the tracks or lying thereon in a sick or intoxicated condition; and where the evidence was conflicting as to whether or not there was a reasonably safe place to walk beside the company’s tracks at the place of the accident; and plaintiff’s own testimony was apparently contradictory as to the point on the railway at which the accident occurred, and as to whether there was a reasonably safe sidewalk which he could have used at that place.</p>