Swanson v. Crandall

Citations

• 2 Pa. Super. 85
• 1896 Pa. Super. LEXIS 16

Syllabus

<p>Negligence — Proximate cause — Words and phrases.</p> <p>In determining what is proximate cause the true rule is, that the injury must be the natural and probable consequence of the negligence; such a consequence as under the surrounding circumstances of the case might and ought to be foreseen by the wrongdoer as likely to flow from his acts.</p> <p>Evidence — Negligence must he proved — When a question not for jury.</p> <p>Negligence must be proved. When the uncontradicted evidence does not warrant the jury in inferring negligence as the proximate cause of an injury, the court should direct a verdict for defendant.</p> <p>Negligence — Proximate cause — Binding instructions.</p> <p>The evidence disclosed the following facts: A loaded revolver was kept in the upper drawer of a chiffonier, which was used exclusively by the head of the family, and in his absence from the room, while his wife was in bed with her face averted, a five years’ old child in quest of play, discovered and accidentally discharged revolver to the plaintiff’s injury. Held, That placing the revolver in the drawer was not the natural and probable or proximate cause of the injury, and, the evidence being undisputed, the jury should have been instructed to find for the defendants..'</p>