Carmont v. Erie Railroad

Citations

• 271 Pa. 122
• 114 A. 521
• 1921 Pa. LEXIS 466

Syllabus

<p>Negligence — Railroads—Master and servant — Defective appliance — Gasoline motor — Proximate cause.</p> <p>1. In an action by an employee against a railroad company for personal injuries sustained by a gasoline motor leaving the tracks, a judgment on a verdict for plaintiff will be sustained, where it appears that the motor was in sole charge of an employee, to whom plaintiff was assistant, and that the testimony, if believed, was sufficient to justify a finding that the accident resulted from the combined effect of a defectively constructed motor, of which defendant’s foreman had notice, and its operation at an excessive speed, both of which causes were in control of defendant.</p> <p>2. In such case, while the burden was on plaintiff to prove negligence on part of defendant or its employees, it was not necessary to definitely fix the cause beyond possibility of doubt.</p>