Citizens Pass. Ry. Co. v. Ketcham

Citations

• 122 Pa. 228
• 15 A. 733
• 1888 Pa. LEXIS 607

Syllabus

<p>1. When, in an action for negligence, submissible evidence has been, adduced that the act causing the injury was the act of persons other than the defendant, it is error so to charge the jury that the relative liabilities of the persons, who under the evidence may be found responsible for-the act, are left unexplained.</p> <p>2. It is the right of a street car company, in Philadelphia, bound by its-charter to keep in repair the streets occupied by it, to show that a defect in a street, causing an injury, was the result of the negligence of persons other than themselves; .and to require of the court to charge distinctly that if they so find the facts, their verdict should be for the. defendant.</p> <p>3. To a point that, “If the jury believe that the injury was occasioned by the negligence of the plumber who was engaged in putting in pipes under license from the city, there can be no recovery from the railway-company,” the answer was, “ I affirm that point; but if, after his negligence ceased to operate, the railway company are negligent, they maybe answerable:” Held, that the point should have been affirmed without the qualification.</p>