Bernhardt v. West Penn. R. R.

Citations

• 159 Pa. 360
• 28 A. 140
• 1893 Pa. LEXIS 1519

Syllabus

<p>Negligence — Bailroads—Passenger—Presumption.</p> <p>Where an accident to a passenger occurs without any connection with the appliances or means of transportation, or the misconduct of employees, no presumption of negligence arises against the railroad company.</p> <p>Where a passsenger is injured while alighting from a train, by stepping upon a small piece of wood, two thirds of an inch in diameter and two inches in length, lying upon the station platform, there is no presumption of negligence on part of the railroad company.</p> <p>Such a piece of wood is not an obstruction likely to cause injury, and failure to remove it promptly cannot be pronounced a neglect of duty.</p> <p>Where the fact of no negligence is clearly fixed by the proofs, a mere presumption cannot destroy it.</p>