Stern v. Reading

Citations

• 255 Pa. 96
• 99 A. 367
• 1916 Pa. LEXIS 533

Syllabus

<p>Negligence — Municipalities—Streets■,—Holes — Vehicle driver— Fall — Proicimaie cause — Contributory negligence — Nonsuit.</p> <p>1. When negligence is averred as the canse of injuries sustained it is not sufficient that the injured plaintiff establishes merely the negligence alleged; he must show that it was the cause of his injuries.</p> <p>, 2. Where in an action against a municipality to recover damages for injuries sustained by plaintiff in consequence of being jolted from the wagon which he was driving, it was' alleged that the accident occurred as the result of a wheel of the wagon falling into a hole which defendant had negligently allbwed to remain in a public street, a compulsoryj nonsuit was properly entered where the evidence failed to show that the wheel of plaintiff’s wagon fell into the hole, or that in consequence of such fall into the hole he was jolted from the wagon.</p> <p>3. In such case where the accident occurred on a clear day and the hole was of such dimensions that the plaintiff could not have avoided seeing it from the wagon if he had exercised ordinary care, a nonsuit could properly have been entered on the ground of contributory negligence.</p>