Caffrey v. Philadelphia Rapid Transit Co.

Citations

• 249 Pa. 364
• 94 A. 924
• 1915 Pa. LEXIS 730

Syllabus

<p>Negligence—Street railways—Car jumping track — Switch—• Pedestrian on sidewalk—Evidence—Burden of producing evidence —Case for jury.</p> <p>1. In an action against ia street railway company to recover damages for personal injuries, the court erred in refusing to take off a compulsory nonsuit where it appeared that plaintiff was standi ing on a public sidewalk when the rear end of a street car jumped the track, when the truck striking the switch, swung out over the sidewalk and struck the plaintiff, and there was evidence that cars had jumped the track at such switch on several prior occasions.</p> <p>2. In such case there was no burden on the plaintiff to affirmatively prove the particular act or acts of negligence which caused the car to jump the track. The jury could infer that a defective switch caused the accident from the facts that the cár did jump the track at the switch, and that the same thing had occurred on several prior occasions.</p>