Hayman v. Pennsylvania R.

Citations

• 118 Pa. 508
• 11 A. 815
• 1888 Pa. LEXIS 414

Syllabus

<p>The plaintiff purchased a ticket at the defendant’s office, and started for the ferry-boat by a narrow passage leading thereto. At the end of the passage nearest the boat was a swinging door, the upper part of which was of glass. A person in front passed out allowing the door to swing back, when the plaintiff, putting out his hand to stop it, missed the frame and broke the glass, the broken glass indicting cuts upon his hand and arm. In an action for damages, Held:</p> <p>That the presumption of negligence on the part of the company did not arise from the injury received, and in the absence of evidence showing negligence in the construction or use of the door, or its want of fitness for the purpose to which it was applied, it was not error to order a compulsory nonsuit.</p>