Zercher v. Philadelphia Rapid Transit Co.

Citations

• 50 Pa. Super. 324
• 1912 Pa. Super. LEXIS 53

Syllabus

<p>Negligence — Street railway companies — Fall of trolley pole — Injury to bystander — Res ipsa loquitur — Evidence.</p> <p>A woman who is injured by the fall of a trolley pole from a passing street car cannot recover damages from the railway company for the injuries sustained where it appears that at the time of the accident she was standing on a street comer waiting for the car to pass without any intention of becoming a passenger thereon, and there is no evidence whatever to show what caused the fall of the pole, or that its fall was due to any negligent act or omission on the part of the company or its employees. In such a case the maxim res ipsa loquitur has no application.</p>