Cline v. Pittsburg Railways Co.

Citations

• 226 Pa. 586
• 75 A. 850
• 1910 Pa. LEXIS 823

Syllabus

<p>Negligence — Street railways — Passenger—Presumption of negligence.</p> <p>Where a passenger in a crowded summer car stands between two of the cross seats and against the guard rail of one side of the car, and by a sudden movement of the car the passenger’s head is thrown beyond the guard rail and is struck by a car on the other track, but there is no injury to the car in which the passenger is riding, no presumption of negligence on the part of the company arises from the mere happening of the accident. The burden is upon the plaintiff to prove negligence, and he may do so, in a way sufficient to carry the case to the jury, by showing that the car was improperly and unsafely run in passing over a curve, resulting in a sudden lurch or jerk which threw the passenger’s head beyond the guard rail at a time when the other car was passing.</p>