Campbell v. Consolidated Traction Co.

Citations

• 201 Pa. 167
• 50 A. 829
• 1902 Pa. LEXIS 795

Syllabus

<p>Negligence — Street railways—Presumption of negligence—Evidence— Collision with wagon.</p> <p>In a negligence case against an electric street railway company, it appeared that the plaintiff was seated in a wagon which was standing on the track of the defendant’s road on Fifth avenue, near Smithfield street, Pitts-burg. In front of him were two'ears, the nearest being about ten feet in advance of his horses and a ear was back of him close to his wagon. On another track a car stood to his left and to his right the street was crowded with people so that he was completely hemmed in. As the second car in front of him moved across Smithfield street on an ascending grade the trolley wheel slipped from the wire and the car stopped and then slipped backward about sixty feet and struck the car back of it. Either the force of the collision drove the rear car against the plaintiff’s horses and wagon, or the motorman of that ear moved it backward to avoid a collision. Held, (1) that the proof of the above facts established a prima facie case for the plaintiff, and he was not bound to go further and show by affirmative evidence that the accident was an avoidable one; (2) that the accident and the attending circumstances gave rise to a presumption of negligence on the part of the company; (3) that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>