Delaney v. Buffalo, Rochester & Pittsburgh Railway Co.

Citations

• 266 Pa. 122
• 109 A. 605
• 1920 Pa. LEXIS 518

Syllabus

<p>Negligence — Railroads—Passengers—Lurch of train on curves —Risk of travel — Presumption—Res ipsa loquitur.</p> <p>1. A railroad company is not liable for injury to a passenger on a fast train by the lurching of the train due to sharp curves in the track caused by the configuration of country, if the track is well constructed and the train properly operated under the circumstances of the case; as the risk of such injury is an incident of travel assumed by the passenger.</p> <p>2. An injury to a passenger raises no presumption against the carrier unless the accident is connected in some way with the means of transportation.</p>