Erbe v. Philadelphia Rapid Transit Co.

Citations

• 256 Pa. 567
• 100 A. 966
• 1917 Pa. LEXIS 660

Syllabus

<p>Negligence- — Street railway companies — Pedestrians — Death — Proximate cause — Nonsuit.</p> <p>1. In actions to recover damages for injuries or death alleged to have resulted from negligence the burden .is on plaintiff to show that defendant’s negligent act was the sole and proximate cause of the death or injury, to tho exclusion of other causes; it.is not enough to show a state of facts from which it appears that the injury may have been due to one or more causes, not involving defendant’s negligence.</p> <p>2. Where in an action to recover damages for the death of plaintiff’s wife, alleged to have been caused by her- being struck by a trolley car, it appeared that on the evening of the accident a trolley car was crossing an intersecting street when a thud was felt and an object afterwards found to be a basket was seen flying, that considerable quantities of dust were raised, and that thereafter deceased was found lying at the side of the track near the intersection of the street, but where there was no evidence to show that deceased was endeavoring to cross the track at the time of the accident and no evidence to show that the death of deceased was caused by the trolley car, the trial judge properly- entered a compulsory nonsuit.</p>