Kepner v. Harrisburg Traction Co.

Citations

• 183 Pa. 24
• 38 A. 416
• 1897 Pa. LEXIS 709

Syllabus

<p>Negligence — Street railway — .Evidence—Presumption of negligence.</p> <p>In an action against a street railway company to recover damages for personal injuries, no presumption of negligence arises against the street railway company from the mere fact that plaintiff’s horse became frightened by the breaking of a trolley wire, and that in consequence plaintiff was injured by being thrown or jumping from his wagon, when neither the wire nor any sparks emitted from it touched the horse, wagon or the plaintiff. On the contrary the burden is on the plaintiff to establish negligence on the part of defendant by affirmative proof.</p>