Pennsylvania R. v. MacKinney

Citations

• 124 Pa. 462
• 17 A. 14
• 1889 Pa. LEXIS 1051

Syllabus

<p>1. The rule of Laing v. Colder, 8 Pa. 481, and other like cases, that a presumption of negligence on the part of the carrier arises when a passenger is injured in the course of transportation, cannot be invoked without evidence tending to connect the carrier, or its employees, or some of the appliances of transportation, with the happening of the injury.</p> <p>2. Where the case of the plaintiff was, that while sitting in his seat in the ear, at an open window, he was struck in the eye by something like a piece of coal and observed at the time another engine and train of defendant company rapidly passing the window in the opposite direction, on an adjacent track, no presumption of negligence on the part of the defendant company arose.</p> <p>3. In nearly every ease in which the rule under consideration has been applied, it will be found that the injury complained of was shown to have resulted from the breaking of machinery, collision, derailment of cars, or something improper or unsafe in the conduct of the business or in the appliances of transportation: per Mr. Justice Sterrett.</p>