Kane v. Philadelphia

Citations

• 196 Pa. 502
• 46 A. 893
• 1900 Pa. LEXIS 545

Syllabus

<p>Negligence — Evidence—Presumption—Question for jury.</p> <p>„ Where a presumption of negligence has once arisen, either as a matter of law, or from affirmative evidence of acts of omission or commission, it remains until overcome by countervailing proof, and whether it is overcome is a question of fact for the jury.</p> <p>Where a city makes an opening in a sidewalk for a water meter, and encases the opening with planks and covers it with an iron lid even with the surface, and subsequently a pedestrian is injured by the sinking of the earth near the planks into an excavation under the pavement made by water, which plaintiffs’ proof, although contradicted, shows came from a leak in the water meter, the case is for the jury.</p>