McCollum v. Pittsburg Railways Co.

Citations

• 51 Pa. Super. 637
• 1912 Pa. Super. LEXIS 272

Syllabus

<p>Negligence — Street railways — Alighting from car — Evidence—Case for jury.</p> <p>1. In an action by a woman against a street railway company to recover damages for personal injuries sustained while alighting from a car, the case is for the jury, and a verdict and judgment for the plaintiff will be sustained, where the evidence of the plaintiff although in itself somewhat inconsistent and contradictory, and that of two of her witnesses, tends to show that the accident happened on a dark night, that the car was run beyond the crossing where plaintiff supposed she was alighting, that it was stopped opposite a large pile of stones, and the plaintiff stepped upon the stones which she did not see and was injured.</p> <p>2. When on one part of the testimony of a witness, the plaintiff is entitled to go to the jury, while in another part he is not,' or when the different parts of the testimony of a witness are apparently inconsistent, leaving it uncertain just what his recollection of the facts with respect to which he testifies is, it is the province of the jury to reconcile the conflicting statements, and say which shall prevail.</p>