Small v. Pittsburg Railways Co.

Citations

• 216 Pa. 584
• 66 A. 76
• 1907 Pa. LEXIS 870

Syllabus

<p>Negligence — ■Street railways — Runaway car — •Evidence.</p> <p>In an action against a street railway company to recover damages for personal injuries resulting to the plaintiff from being struck by a piece of wood which was torn from a telephone pole by the impact of a runaway electric car with the pole, the evidence showed that plaintiff was standing on a railroad station platform near the pole in question. The railway tracks ran down a public street at a grade of six per cent for a considerable distance, and terminated immediately opposite the station. The car in question was in good condition, properly equipped with brakes and was provided with sand; but the tracks were so incased in ice, that when the motorman attempted to apply the sand, the wheels did not take hold even when reversed. In consequence the car slid down the grade. There was no evidence that the motorman was not a prudent man, and it was shown affirmatively that he was of long experience in running electric cars. The motorman had no difficulty when he started on the grade, and it was not until he was a considerable distance down the grade that he began to lose control. He testified that he thought that he would have no difficulty in taking the car down the whole distance. The testimony showed that the •weather at the time was of extraordinary character, and that owing to the ice on the rails the sand could not cling to the rail. Held, that there was no evidence of defendant’s negligence to submit to the jury.</p> <p>Negligence is not to be presumed upon the happening of an occurrence which is the result of exceptional and extraordinary conditions.</p>