Berreski v. Philadelphia Electric Co.

Citations

• 62 Pa. Super. 62
• 1916 Pa. Super. LEXIS 353

Syllabus

<p>Negligence — Erroneous charge — Use of word “recklessness”— Automobiles.</p> <p>In an action of trespass against a corporation to recover damages for personal injuries caused by the alleged negligence of defendant’s chauffeur where it appears that the accident occurred at the crossing of a busy thoroughfare of a city and resulted in serious injuries to a child nine years old, it is reversible error for the court to charge that the plaintiff was obliged to satisfy the jury by the weight of the evidence that the accident occurred exclusively, as the result of the carelessness, recklessness and negligent manner in which the automobile was operated. By using the word “recklessness” the court imposed a degree of proof on the plaintiff that he was not required to bear.</p>