Fleming v. Pittsburgh, Cincinnati, Chicago & St. Louis Ry.

Citations

• 158 Pa. 130
• 27 A. 858
• 1893 Pa. LEXIS 1555

Syllabus

<p>Negligence — Railroads—Passenger—Presumption.</p> <p>•££ an injury to a passenger upon a railroad has no connection with the appliances or machinery, and is so disconnected with the operation of the business of the carrier as not to involve the safety or sufficiency of the instrumentalities of transportation, or the negligence of the carrier’s servant, no presumption of negligence arises against the company, and the burden of proof to show negligence is upon the plaintiff who avers it.</p> <p>In an action to recover damages for the death of a passenger upon a railroad train, it appeared that the accident was the result of a rock becoming detached and falling upon the train while passing a point where a hill descended precipitously to the track. The cut for the railroad extended upward thirty-three feet, and above it was the natural hill. The rock which fell started at about one hundred feet from the top of the hill, bounded down some forty feet, struck, again bounded twenty or thirty feet, making four bounds before it struck the train, and caused the death of the passenger. Held, that the cause of the accident was not connected with either the means and appliances of transportation, or the construction of the road, and that therefore no presumption of negligence arose against the company.</p>