Spear v. P. W. & B. R.

Citations

• 119 Pa. 61
• 12 A. 824
• 1888 Pa. LEXIS 525

Syllabus

<p>1. In an action for damages for personal injuries caused to a passenger by an explosion upon a steamboat, on proof of the injuries,the burden is upon the defendants to show that the explosion was not due to | the negligence of the company or its employees; and, whether or not | the prima facie ease of the plaintiff has been fully answered by evidence from the defendants tending to show they were not in fault, is a question to be submitted to the jury. [</p> <p>2. In such an action, the evidence adduced by the defendants did not fully! account for the explosion, though showing that it was not of the boiler or of the machinery and tending to support their theory that it was due to an explosive substance brought upon the boat without their knowledge : Held, that it was error to give the jury a binding instruction to find for the defendants.</p> <p>3. It is the right, and in some cases it becomes the duty of a judge, to express his opinion upon the character of the testimony which he must submit to the juiy, but it should be done in such a manner as to leave them in possession of the question that belongs to them: Pee Williams, J.</p>