Hershinger v. Pennsylvania Railroad

Citations

• 25 Pa. Super. 147
• 1904 Pa. Super. LEXIS 31

Syllabus

<p>Evidence — Name on public conveyance — Hansom cab — Railroads—Negligence.</p> <p>In an action against a railroad, company to recover damages for personal injuries sustained through the negligence of the driver of a hansom cab, where it is admitted by the defendant that the name of the railroad company was printed on the cab, and this fact is the only evidence in the case as to the ownership of the cab, an instruction is erroneous which charges that the evidence is sufficient to sustain a finding that the driver was the servant of the defendant, without permitting the jury to draw the previous inference from the name on the cab, that the defendant was its owner. In such a case where a judgment is entered for plaintiff on the verdict on a point reserved, the appellate court in reversing the judgment, must grant a new venire.</p> <p>Negligence — Bicycle—Hansom cab — Law of the road.</p> <p>Where the driver of a hansom cab suddenly and without notice deflects his vehicle from the right side of the road to the left, and there strikes a bicycler, who was approaching him from the opposite direction, the question of the driver’s negligence is for the jury.</p>