S. S. Pass Ry. Co. v. Trich

Citations

• 117 Pa. 390
• 11 A. 627
• 1887 Pa. LEXIS 273

Syllabus

<p>1. When, in an action for negligence, the fact is undisputed in the evidence that the injury received was inflicted by an intervening agency over which the defendant had no control, the question of remote or proximate cause .must be determined by the court and the jury instructed accordingly.</p> <p>2. The plaintiff was upon the rear platform and about to enter a streetcar, when the driver whipped up to avoid a collision with a runaway horse and carriage. The abrupt jolt communicated to the car threw the plaintiff to the ground, when she was immediately struck by the runaway and injured: Held, that the court, upon request, should have instructed the jury that, even if the car-driver was guilty of negligence, such negligence was not the proximate cause of the injury and the plaintiff could not recover.</p>