Musser v. Lancaster City Street Railway Co.

Citations

• 176 Pa. 621
• 35 A. 206
• 1896 Pa. LEXIS 1119

Syllabus

<p>Negligence — Street railways — Breaking of wire cable.</p> <p>In an action against a street railway company to recover damages for personal injuries, it appeared that the plaintiff while walking on a public highway was injured by the breaking of a wire cable used by the defendant company to control the movements of its cars on a steep incline. There was evidence that the cable had been weakened by use and exposure ; that it had once before broken, and that on the morning of the accident it had been hastily repaired and used without testing its strength. Held, that the evidence was sufficient to submit to the jury on the question of defendant’s negligence.</p> <p>Practice, G. P. — Practice, S. G. — Assignment of error — Evidence.</p> <p>Where the objection to a question asked a witness is overruled, and the question is not insisted upon, and not answered, there is no foundation for an assignment of error to the action of the court in overruling the objection.</p> <p>Negligence — Street railways — Evidence.</p> <p>In an action against a street railway company to recover damages for injuries alleged to have been caused by a wire cable which had been improperly repaired, a witness was called who had assisted in the construction of some of the appliances of the railway, but of whose work no complaint was made, and who had nothing to do with repairing the cable. Held, that it was not error to refuse to permit the witness to say whether or not he had done his work properly.</p> <p>Negligence — Defective appliance — Notice to director of corporation — Evidence.</p> <p>In an action against a street railway to recover damages caused by a defective appliance, it is proper to admit the testimony of a witness to show that before the accident the witness had called the attention of a director of the company to the defective appliance.</p> <p>Where an accident was caused by the defective splicing of a cable, a ■witness who had not seen the splicing done, or examined the cable a