Thomas v. Phila. & Reading R. R.

Citations

• 148 Pa. 180
• 23 A. 989
• 1892 Pa. LEXIS 941

Syllabus

<p>[Marked to be reported.]</p> <p>Railroad company — Passengers—Accident—Burden of proof.</p> <p>Where a passenger is injured, either by anything done or omitted by the carrier, its employees, or anything connected with the appliances of transportation, the burden of proof is upon the carrier to show that such injury was in no way the result of its negligence; but to throw this burden upon the carrier, it must first be shown that the injury complained of resulted from the breaking of machinery, collision, derailment of cars, or something improper or unsafe in the conduct of the business or in the appliances of transportation.</p> <p>Where a passenger on a railroad train, while sitting at the window of a car, was injured by a missile the nature and origin of which were unknown, and there was nothing to connect the accident with a defect in any of the appliances of transportation, or any negligence on the part of the company or its employees, there can be no recovery against the company.</p>