Johns v. Pennsylvania Railroad

Citations

• 226 Pa. 319
• 75 A. 408
• 1910 Pa. LEXIS 762

Syllabus

<p>Negligence — Railroads — Brak&man—Fall of bridge — Res ipsa loquitur.</p> <p>1. In an action against a railroad company to recover damages for the death of a brakeman caused by the fall of a bridge on which his train was passing, the burden of proof is on the plaintiff to show negligence.</p> <p>2. In such a case the court commits no error in refusing to permit a witness for the plaintiff to testify as to the condition of the foundations five months later, where it appears that the physical conditions had changed in the meantime, and that the testimony was inadequate to establish a defect in the original construction.</p> <p>3. The maxim res ipsa loquitur is an exception to the general rule that negligence is not to be inferred but must be affirmatively proved except in cases of absolute duty or an obligation practically amounting to that of an insurer.</p>