Gillespie v. Pennsylvania Co.

Citations

• 272 Pa. 393
• 116 A. 540
• 1922 Pa. LEXIS 836

Syllabus

<p>Negligence — Affidavit of defense — Facts not denied admitted— Practice, G. P. — Act of May 11¡-, 1915, P. L. 1¡SS — Evidence—Damages — Contributory negligence.</p> <p>1. Under sections 6 and 13 of the Practice Act of May 14, 1915, P. L. 483, where no affidavit of defense has been filed to a statement of claim which avers injury or death by the negligent act of the defendant, the plaintiff need not prove whose negligence was the cause thereof, and defendant will not be permitted to contest that question; but the proofs must show that the injury or death resulted from actual negligence of the character averred in the statement of claim, that plaintiff was damnified by reason thereof, and the extent of his damage.</p> <p>2. Since the act does not deal with the subject of contributory negligence, all matters relating thereto, whether substantive or procedural, remain unaffected by its passage.</p>