Bamford v. Pittsburg & Birmingham Traction Co.

Citations

• 194 Pa. 17
• 44 A. 1068
• 1899 Pa. LEXIS 716

Syllabus

<p>Street railways — Negligence—Burden of proof — Province of jury.</p> <p>In an action against a street railway company, by one not a passenger on its cars, to recover damages for personal injuries caused by the fall of one of the company’s polos, upon which its wires were strung, no presumption of negligence arises from the mere happening of the accident, but plaintiff is bound affirmatively to prove negligence on the part of defendant, and the case is for the jury where one of the plaintiff’s witnesses testifies, although contradicted by several of defendants’ witnesses, that the accident was caused by a trolley pole catching in a loop of wire, thus pulling the street pole down upon the plaintiff.</p> <p>Negligence — Damages—Pain and suffering.</p> <p>In an accident case it is not improper to say to the jury that the plaintiff may recover such damages as will compensate him for his pain and suffering.</p>