Dixey v. Philadelphia Traction Co.

Citations

• 180 Pa. 401
• 36 A. 924
• 1897 Pa. LEXIS 933

Syllabus

<p>negligence — Street railways — Spinal injury by jolt of car.</p> <p>In an action against a street railway company to recover damages for a spinal injury caused by a sudden movement of car, the case is for the jury where the plaintiff testifies that at the time of the accident she was a passenger on a trailer car which was attached to a cable car; that she stood in the passageway holding to an overhead strap; that the car moved roughly, and after she had ridden a few squares it seemed to leave the track and to be pulled back again by the forward car; that she was thrown violently forward and injured, and at the same time the other passengers were thrown first forward and then backward.</p> <p>The fact of a casualty and the attendant circumstances may themselves furnish all the proof of negligence that the injured person is able to offer, or that it is necessary to offer. The accident, the injury and the circumstances under which it occurred are in some cases sufficient to raise a presumption of negligence, and thus cast upon the defendant the burden of establishing his freedom from fault.</p>