Finnegan v. Delaware River Ferry Co.

Citations

• 68 Pa. Super. 428
• 1917 Pa. Super. LEXIS 142

Syllabus

<p>Negligence — Carriers—Ferry ■ company — Passenger — Presumption — Injury to instrument of transportation.</p> <p>In an action by a passenger against a carrier to recover damages for personal injuries where the evidence shows that the injury was connected with one of the appliances of transportation, a presumption of negligence arises which it is the duty of the defendant to overcome.</p> <p>Where in an action against a ferry company by a passenger to recover for personal injuries, it appears that the plaintiff when going upon a ferry boat was injured by the gangplank suddenly rising and striking her, and that after the accident there was found a newly-made scratch, or cut upon the floor of the slip indicating that the gangplank had moved twelve or fourteen inches out of its accustomed place, a presumption of negligence arises against the defendant, in the absence of any proof as to what caused the movement of the plank.</p>