Keinath v. Bullock

Citations

• 267 Pa. 589
• 110 A. 755
• 1920 Pa. LEXIS 916

Syllabus

<p>Negligence — Street railways — Automobiles— Quest — Contributory negligence — Evidence—Presumption from location of parties • — Proximate cause.</p> <p>1. Where a guest in an automobile is seated in the rear of the machine, and has no control whatever over its operation, the negligence of tbe driver, in contributing to a collision with a street car, cannot be imputed to the guest.</p> <p>2. Where a guest in an automobile was found, immediately after a collision between the automobile and a street car, lying at the intersection of the streets where the accident occurred, the inference is that the guest was thrown from the automobile by reason of contact with the street car.</p> <p>3. A judgment on a verdict for plaintiff, in an action against a street railway company for a death caused by a collision between a ear of defendant and an automobile in which deceased was riding, will be sustained, where the evidence for plaintiff, although contradicted, tended to show that the car was running from 20 to 30 miles an hour, that no signals were given, and that the automobile was dragged 150 to 200 feet from the place of the collision.</p> <p>Appeals — Consideration of evidence — Verdict.</p> <p>4. A plaintiff who has recovered a verdict in his favor, is entitled, on appeal, to have the evidence considered in the light most advantageous to himself, and he must be given the benefit of every fact and inference reasonably deducible therefrom.</p>