Nelms v. Pennsylvania R. R.

Citations

• 268 Pa. 292
• 109 A. 673
• 1920 Pa. LEXIS 679

Syllabus

<p>Negligence — Railroads — Movement of train — Injury to brakeman — Signal—Evidence—Presumption of negligence — Proximate cause.</p> <p>1. The mere fact of an injury will not raise a presumption of negligence on the part of a common carrier.</p> <p>2. In an action to recover damages for the death of a yard brakeman, who was run over and killed at night by a shifting train of cars, there can be no recovery where there was a lack of evidence to determine the proximate cause of the accident — whether deceased was struck by the engine or whether he fell on the track from which he gave a signal.</p>