Trexler v. Baltimore & Ohio Railroad

Citations

• 28 Pa. Super. 198
• 1905 Pa. Super. LEXIS 165

Syllabus

<p>Negligence — Railroads—Common carriers — Evidence—Contributory negligence.</p> <p>In an action against a railroad company to recover damages for the loss of a stallion killed by the burning of a car on which the animal was being transported, it is sufficient if'the plaintiff furnishes circumstantial evidence from which, in the absence of any other satisfactory and credible explanation by the defendant, a jury could reasonably infer that the fire was caused by an act of the latter’s employees.</p> <p>In an action against a railroad company to recover damages for the loss of a horse killed by the burning of a car in which the animal was being carried, the plaintiffs cannot be charged with contributory negligence in placing straw for bedding and hay for feed, in the car, or in leaving open the door for ventilation, where these acts are done with the knowledge and apparent acquiescences of the defendant’s agent, and in accordance with the usage of the company.</p> <p>* Negligence — Evidence—Inference from facts — Province of court and jury— Railroads — Carriers.</p> <p>Upon a state of facts, admitted or proved by direct and undisputed testimony, the court may pronounce the law applicable thereto; but, when alleged facts are the subject of inference from other facts and circumstances shown by the evidence, it is the exclusive province of the jury to consider the testimony and ascertain the facts under proper instructions from the court.</p> <p>In an action against a railroad company to recover damages for the loss of a horse killed by a burning of a car in which it was being carried, plaintiff introduced evidence tending to show that the fire originated from a torch of a passing inspector igniting straw in the car. The defendant claimed that the defendant’s agent in charge of the car had been guilty of contributory negligence in scattering the straw all over, the car so that it was exposed at the door left partly open for ventilation. It was, however, not beyond the r