Cameron v. Citizens Traction Co.

Citations

• 216 Pa. 191
• 65 A. 534
• 1907 Pa. LEXIS 779

Syllabus

<p>_ Negligence — Proximate cause — Evidence.</p> <p>Whoever does a wrongful act is answerable for all the consequences that may ensue in the ordinary and natural course of events though such consequences be immediately brought about by intervening causes, if such intervening causes were set in motion by the original wrongdoer.</p> <p>Negligence — Street railways — Proximate and remote cause — Variance.</p> <p>In an action against a street railway company to recover damages for personal injuries, the plaintiff in her statement of claim averred, that while passing along the aisle of a car in search of a vacant seat, she fell into an opening in the floor of the car. At the trial she testified that in proceeding towards the vacant seat her movement was affected by the sudden starting of the car. The statement of claim did not allege any negligence in the starting of the car. Held, (1) that there was not sufficient variance between the statement and the proof to defeat the plaintiff’s action, and (2) that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p> <p>Appeals — Assignments of error — Evidence—Rule 31.</p> <p>■ An assignment of error to the admission of evidence which does not refer to the page of a paper-book where the matter may be found, will not be considered.</p>