Winterbottom v. Philadelphia, Baltimore & Washington Railroad

Citations

• 217 Pa. 574
• 66 A. 864
• 1907 Pa. LEXIS 762

Syllabus

<p>Negligence — Railroads—¡5Signals—Evidence—Negative evidence.</p> <p>In an action to recover damages for injuries to a boy run over by a train, where the positive evidence of witnesses for defendant that proper signals were given, is contradicted by two witnesses for the plaintiff, one of whom was seated at a window in her house, near the railroad station, waiting for a friend who was coming on the train, for which she was on the lookout, and who was listening to the signals, and the other of whom was standing at the station waiting for the train, and listening for the signals, the court will not say as a matter of law that the negative testimony produced by the plaintiff is insufficient to overcome the positive testimony of the defendant bearing on the question.</p>