DeBouvier v. Pennsylvania Railroad

Citations

• 264 Pa. 443
• 107 A. 775
• 1919 Pa. LEXIS 673

Syllabus

<p>Negligence — Railroads—Passenger—Presumption from bréale in defendant’s appliance — Evidence.</p> <p>1. Where a passenger on a train is hit by an iron washer, coming through a window and injuring him, he may recover a verdict against the railroad company, where he testifies that the washer came from an engine of another train, marked with defendant’s name, going in the opposite direction on the next track, and the washer is identified by two other witnesses, one, the conductor of the train, as being the type used on the engines of the company.</p> <p>2. Such evidence is sufficient to sustain a finding that plaintiff's injury resulted from a break in an appliance connected with the operation of defendant’s railroad; hence the question of negligence is for the jury, on the presumption arising from the break in defendant’s appliance.</p>