Clow v. Pittsburgh Traction Co.

Citations

• 158 Pa. 410
• 27 A. 1004
• 1893 Pa. LEXIS 1602

Syllabus

<p>Trial — Amendment—Surprise—Continuance—Review.</p> <p>At the trial of a cause, plaintiff filed an amended statement. Defendant pleaded surprise, and asked for a continuance. The court refused the request, saying in presence of the jury, “ Under the circumstances, this case already having been manipulated upon the list for the convenience of counsel, it is impossible to grant any further favors, and the only choice is between a general continuance and trying the case now.” Held, not sufficient ground for reversing a judgment in favor of plaintiff.</p> <p>Negligence — Street railways — Passenger—Accident—Presumption.</p> <p>The happening of an accident to a passenger on a street car, if the accident is connected with the means of transportation, raises a presumption of negligence on the part of the company.</p> <p>Where a cable car is stopped so suddenly as to throw a passenger from her seat, and to break the glass in the car windows, a presumption of negligence arises on the part of the company.</p>