Sheets v. Sunbury & Northumberland Electric Railway Co.

Citations

• 237 Pa. 153
• 85 A. 92
• 1912 Pa. LEXIS 907

Syllabus

<p>Negligence — Street railways — ParTc—Lessee of real estate — Public resort — Invitee—Measure of cars — Inspection—Binding instructions for defendant.</p> <p>In an action against a street railway company to recover damages for personal injuries, binding instructions for tbe defendant are proper where the evidence showed that the defendant was the lessee of a place of public resort; that the plaintiff became a passenger upon the defendant company’s cars to this resort and while there was injured by the fall of a limb of a large oak tree; that upon inspection subsequent to the accident, it was discovered that the limb was spongy and decayed; that two days before the accident a severe electric storm accompanied by high winds had occurred; that on the day subsequent to the storm several employees of the defendant company made an inspection of the park for the purpose of discovering and removing dangerous conditions; and that in the course of the work they made an examination from the ground of this particular tree and limb, and that there was nothing whatever to indicate that it was not in perfectly sound and healthy condition.</p>