Kissock v. Traction Co.

Citations

• 15 Pa. Super. 103
• 1900 Pa. Super. LEXIS 310

Syllabus

<p>Railroads — Negligence—Proximate cause.</p> <p>If by its negligence a defendant railroad company placed plaintiff in a situation wliere to avoid injury to its property and its passengers it was necessary to destroy or injure plaintiff’s property, the doctrine of proximate cause cannot be invoked to relieve it from responsibility.</p> <p>Negligence — Burden of proof — Prima faeie case.</p> <p>Negligence is not to be presumed nor ordinarily to be inferred except where the maxim res ipsa loquitur applies. It is incumbent on a plaintiff to show something more than the mere fact that the defendant’s car collided with his team and wagon, butwhenhe had shown thatacar backed down on a track, where defendant’s team was properly located, from a point where the danger, if not the absolute certainty, of collision might and ought to have been foreseen by those in charge, of it, the plaintiff had shown circumstances from which negligence might and naturally would be inferred, and a prima facie case is made out which plaintiff was entitled to have submitted to the jury. •</p>