Lerch v. Hershey Transit Co.

Citations

• 255 Pa. 190
• 99 A. 800
• 1916 Pa. LEXIS 546

Syllabus

<p>Negligence — Street railways — Passenger alighting ■ — Premature starting of car — Signals—Presumption—Acts of passengers — Trials —Witnesses—Credibility—Charge—Harmless error — Failure to object — Waiver—Case for jury.</p> <p>1. As a general rule the credibility of witnesses is for the jury. ■</p> <p>2. Where in an action for negligence defendant’s witnesses testify to a state of facts, which if believed, would constitute a good defense and such evidence is not contradicted, but the circumstances as related by the witnesses cast a doubt upon their credibility, the case is for the jury.</p> <p>3. In an action against a street railway company to recover damages for personal injuries sustained by a passenger in consequence of a fall resulting from the alleged premature starting of one of defendant’s ears while she was in the act of alighting, the case is for the jury and a verdict for. the plaintiff will bd sustained where another passenger, a close personal friend of the conductor, stated that he and not the conductor had given the signal to start, and was at the time standing inside the car leaning with his head out the rear door and within a few feet of the conductor, who was on the rear platform; where the evidence was conflicting as to whether the alleged act of the passenger in pulling the bell rope could or should have been seen by the conductor in time to have prevented it, and was .conflicting as to whether it was possible, standing as such passenger stated he stood, for him to have pulled the rope; and where defendant adduced further evidence to the effect that the plaintiff had reached the ground and was clear of the car before it started.</p> <p>4. In the absence of evidence to the contrary, the presumption would be that the conductor gave the signal, but whether that presumption was overcome was, under the evidence in this case, for the jury.</p> <p>Trials — Charge fo jury — Harmless error — Waiver.</p> <p>5. A party may not sit silent and take his cha