Williams v. Pittsburg Railways Co.

Citations

• 50 Pa. Super. 473
• 1912 Pa. Super. LEXIS 77

Syllabus

<p>Negligence — Street railways — Passenger—Presumption—Evidence.</p> <p>1. In an action against a street railway company to recover damages for personal injuries plaintiff charged in his statement of claim that while in the act of boarding a car he received a shock of electricity from the step or handles of the car, and that such shock broke his leg. At the trial he offered no evidence whatever showing or tending to show that the car was out of order or defective, except the evidence that he placed his foot upon the step of the car and felt a shock of electricity and found that his leg was broken. Evidence for the defendant tended to show that other persons used the steps at the time and were not injured, that the car was examined immediately after the accident and found not to be charged with electricity, and that no accident happened to the ear at the time. There was also evidence that the plaintiff and his family were afflicted with what is known as “brittle bone” and had suffered frequently from broken bones. Held, (1) that no presumption of negligence arose against the company arising out of the injury to the plaintiff; and (2) that the defendant was only required to satisfy the jury that it was not guilty of negligence which caused the injury.</p> <p>2. In such a case it is improper to admit in evidence the testimony of a witness for the plaintiff as to a somewhat similar accident which had happened on another car twelve years prior to the accident to the plaintiff. Such evidence is entirely too remote to prove or tend to prove that the car on which the plaintiff was injured was defective.</p>