Zeaman v. Philadelphia Rapid Transit Co.

Citations

• 62 Pa. Super. 463
• 1916 Pa. Super. LEXIS 451

Syllabus

<p>Negligence — Street railways — Passenger—Collision between car's - — Burden of proof — Presumption of negligence — Evidence.</p> <p>In an action against a .street railway company to recover damages for death of plaintiff’s son where the plaintiff shows that his son was killed while seated in a car of the defendant by a collision with another car running in the opposite direction on an adjoining track, the plaintiff establishes a prima facie case, and the burden of proof is shifted to the defendant company to show that it was not guilty of negligence.</p> <p>In such a case where there-are contradictions in the testimony, infereneeg to. be drawn from the statements of the witnesses, illustrated positions of the deceased, descriptions of the construction of the ears, and proof that the accident happened on a curve around which some of the cars of the company could not safely pass at the same time, the case is for the jury, and a verdict and judgment for the plaintiff will be sustained:</p>