Green v. Pittsburg, McKeesport & Greensburg Street Railway Co.

Citations

• 219 Pa. 241
• 68 A. 675
• 1908 Pa. LEXIS 553

Syllabus

<p>Negligence — Street-railways—Passengers — Presumption — Evidence— Blowing out of controller of an electric car.</p> <p>Where the electric controller of an open summer car blows out, and after the car has been stopped with reasonable promptitude a woman passenger is found lying upon the ground some fifteen feet back from the rear end of the car, and there is no evidence whatever to show how the woman came to be in such a position, a nonsuit is properly entered against'her in a suit brought by her against the railway company to recover damages for her injuries.</p> <p>If in such a Case the plaintiff had averred and offered evidence in support that she was injured as the direct result of the defective working of the controller, as by burning, or in some other way as the result of an intervening cause, which was put in operation in consequence of the action of the controller, without fault of her own, and with the presumption of negligence on the part of the defendant arising from the accident, her case would have been for the jury; but in the absence of such evidence a nonsuit was proper.</p>