Kelly v. Philadelphia, Baltimore & Washington R. R.

Citations

• 270 Pa. 149
• 113 A. 194
• 1921 Pa. LEXIS 346

Syllabus

<p>Negligence—Railroads— Passenger — Presumption — Proximate cause—Prior or remote cause.</p> <p>1. Where a passenger’s injury does hot result from any defect in the instrumentalities of transportation, the burden is on him to prove negligence on part of the railroad company.</p> <p>2. A proximate cause is one which, in actual sequence, undisturbed by any independent cause, produces the result complained of.</p> <p>3. Where a warehouse is so constructed on the side of the main track of a railroad by its owner, that its doors when opened at right angles with the building extend over the tracks, and railroad workmen remove a post which some one not ascertained had placed in the right-of-way to keep the doors when opened from extending over the tracks, and a collision by a passing train with the doors opened by the owner, results, a passenger on the train injured in the collision cannot recover from the railroad company.</p> <p>4. The opening of the doors and not the removal of the post was the proximate cause of the accident.</p> <p>Mr. Justice Frazer dissented.</p>