Breunniger v. Pennsylvania Railroad

Citations

• 9 Pa. Super. 461
• 1899 Pa. Super. LEXIS 56

Syllabus

<p>Railroads — Negligence—Contributory negligence — Question for jury. '</p> <p>Where the existence of contributory negligence depends upon inferences to be drawn from the evidence, the question must go to the jury for decision. Where, although highly improbable, an accident may have happened in the manner described by the plaintiff, and where if the jury believed the plaintiff's testimony, there was ample ground for the verdict, the question of negligence and contributory negligence is for the jury, the circumstances as related not being such as themselves demonstrate inherent impossibility of the exercise of due care.</p>