Merrigan v. Evans

Citations

• 221 Pa. 1
• 69 A. 1113
• 1908 Pa. LEXIS 419

Syllabus

<p>Negligence — Inference of negligence — Court and jury — Duty of court.</p> <p>In an action to recover damages for negligence, it is always a preliminary question of law for the court, whether any fact has been established by the evidence, from which an inference of negligence can reasonably be drawn. If, no such fact appears, there is nothing to submit to the jury.</p> <p>Negligence — Mines and mining — Safety appliances — Evidence.</p> <p>A mine foreman is not chargeable with negligence, in failing to adjust in a particular manner a safety device for derailing a car, where there is no evidence to justify the conclusion that the failure to adjust in the manner specified prevented the practicable use of the device, or contributed in any way to the happening of the accident. .</p>