Blasband v. Philadelphia Rapid Transit Co.

Citations

• 42 Pa. Super. 325
• 1910 Pa. Super. LEXIS 332

Syllabus

<p>Negligence — Street railway companies — Traumatic tuberculosis— Expert testimony — Evidence.</p> <p>1. In an action to recover damages for personal injuries the plaintiff may show in a proper way that traumatic tuberculosis resulted directly from the personal injury which he had sustained.</p> <p>2. Where the evidence shows the infliction of the injury and its character, the existence of a bruise on the plaintiff’s left side followed by pleurisy, continuing cough, expectoration in which there was tubercular bacilli, loss of weight all within a period of eight months after the injury, the absence of any other reasonable proximate cause, and two eminent physicians testify as to the definite relation between the injury and the tuberculosis of the plaintiff, and other eminent physicians called by the defendant admit that there had been cases, although few in number, where trauma had been, the direct cause of tuberculosis, the question whether the injury was the cause of the tuberculosis of the plaintiff, is a question which should be submitted to the jury.</p>