Kitler v. People's Street Railway Co.

Citations

• 27 Pa. Super. 602
• 1905 Pa. Super. LEXIS 112

Syllabus

<p>Negligence — Street ■ railway — Alighting from car — Province of court and jury — Evidence.</p> <p>In an action against a street railway company to recover damages for injuries to a passenger while alighting from a car, the case is for the jury where the plaintiff testifies that the car had stopped and that he was thrown, and injured by its sudden starting before he had completely alighted, although this testimony is uncorroborated and contradicted by several witnesses for the defendant.</p> <p>Where the plaintiff’s testimony in chief is such as to make a case for the jury, though without corroboration, and contradicted by the defendant’s witnesses, and even by his own, it must, unless on cross-examination facts are submitted fatal to his claim, be submitted to the jury, since they may believe his testimony rather than that of his witnesses who contradicted him; and if portions of the testimony of any witness appear inconsistent, confusing or contradictory,' it is for the jury to settle the doubt arising from its character in this respect.</p>