Ott v. Boggs

Citations

• 219 Pa. 614
• 69 A. 61
• 1908 Pa. LEXIS 634

Syllabus

<p>Fall of wall — Unknown causes of accident — Evidence—Nonsuit.</p> <p>Where, in an action of negligence, the only evidence as to the cause of the accident is such as is derived by inference from conditions existing after the occurrence, and these conditions suggest several causes, either of which operating by itself would have been adequate to the result, and the defendant is without responsibility except as to one, there can be no recovery unless the conditions, point to the cause to which defendant’s responsibility attaches, with such degree of certainty as would justify a jury in finding it to have been the proximate cause.</p> <p>In an action to recover damages for the death of plaintiff’s husband caused by the fall of a wall, a nonsuit is properly entered where the evidence shows two independent causes, to one or the other of which the collapse of the wall could be referred, and for only one of which were the defendants in any way liable.</p>