Brashear v. Philadelphia Traction Co.

Citations

• 180 Pa. 392
• 36 A. 914
• 1897 Pa. LEXIS 931

Syllabus

<p>Negligence — Remote and proximate cause — Sudden starting of ear.</p> <p>In an action by a husband against a street railway company to recover damages for the death of his wife, the evidence tended to show that the deceased was injured by the sudden starting of a car as she was in the act of getting on the rear platform. The evidence also showed that the deceased felt at once the physical effect of her injuries, followed the next day by symptoms of premature childbirth, which occurred a few days later, and was followed by tetanus, which caused her death. The medical testimony agreed that while tetanus resulting from childbirth is comparatively rare, yet that there is a distinct relation between tetanus and childbirth, especially miscarriage, and that it is one of the natural and probable consequences to be apprehended. Held, that the question whether the injuries caused by the sudden starting of the car were the proximate cause of the death was for the jury.</p>