Pennsylvania Canal Co. v. Bentley

Citations

• 66 Pa. 30
• 1870 Pa. LEXIS 270

Syllabus

<p>1. In an action for negligence if the plaintiff makes out a primft facie case, the burden is on the defendant to disprove care and thus establish negligence in the plaintiff.</p> <p>2. If the plaintiff's own case disclose contributory negligence he cannot recover.</p> <p>3. It is negligence in a traveller crossing a railroad, not to stop and look up and down, because he is bound to presume that a train may be approaching.</p> <p>4. Where a duty is defined a failure to perform it is negligence and may be so declared by the court.</p> <p>5. Where the measure of duty is not unvarying and a higher degree is demanded in some circumstances than in others, a jury alone can determine what is negligence and whether it has been proved.</p> <p>6. McCully v. Clarke, 4 Wright 406, adopted.</p>