McQuaide v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.

Citations

• 67 Pa. Super. 425
• 1917 Pa. Super. LEXIS 421

Syllabus

<p>Negligence — Railroads—Passenger — Injury through sparhs— Circumstantial evidence — Case for jury.</p> <p>A railroad company may be held liable for injuries caused by sparks from an engine on circumstantial evidence alone.</p> <p>In an action against a railroad company by a passenger to recover damages for personal injuries, the case is for the jury, and a verdict and judgment for plaintiff will be sustained where the evidence offered by the plaintiff tends to show that at the time of the accident she was seated in a ear at an open window; that she was suddenly startled by a hot object striking the back of her neck; that such object was a hot cinder of the size of a thumb nail and round in form; that it worked down between her clothing and body, and caused serious burns; that cinders were being discharged from the engine, on top of the car in which plaintiff was riding, and along its side so as to be noticeable to plaintifí and other passengers ; and that there were no mills, factories, residences, or other sources from which such a cinder could come, where the accident occurred.</p> <p>Such a case must be submitted to the jury notwithstanding testimony that the engine was provided with a sufficient spark arrester.</p>