Silver v. Kaiserman

Stern, P. J.,

There are two principal points raised by the plaintiffs in their application for a new trial:

The first is that the trial judge refused to admit evidence as to the existence of an alleged custom of laying radiators flat instead of standing them upright. In the opinion of the court, this contention is without merit, because the ordinary usage or custom of the business is not the test to prove negligence but to disprove it. Without enumerating the many cases that could be referred to on this point, it may be sufficient to cite Cunningham v. Fort Pitt Bridge Works, 197 Pa. ,625, and…