O'Connor v. Scranton Traction Co.

Citations

• 180 Pa. 444
• 36 A. 866
• 1897 Pa. LEXIS 943

Syllabus

<p>Negligence — Street railways — Presumption—Evidence.</p> <p>In an action by a passenger against a street railway company to recover damages for personal injuries, it appeared that the injuries were sustained by the car upon which plaintiff was riding running off the track. The defendant asked the court to charge that the presumption of negligence arising from the happening of an accident to the car resulting in injury to the plaintiff was successfully rebutted by proof that the track was in good order and repair, the car in perfect repair, and the management and operation careful and skillful. The trial judge did not in so many words affirm or deny the doctrine of the point, but he told the jury that the question as to whether the presumption of negligence had been successfully rebutted or not was for them to determine. Held, (1) that the question as to the rebuttal of the presumption was for the jury; (2) that no injustice was done by the form of the answer to defendant’s point.</p>