Bernhardt v. West Penn. R. R.
Supreme Court of Pennsylvania
Appeal, No. 297, Oct. T., 1893, by-plaintiff, Annie Bernhardt, from judgment of O. P. No. 3, Allegheny Co., May T., 1892, No. 482, granting nonsuit. Trespass for personal injuries. Before Porter, J. At the trial it appeared that on Oct. 5,1891, plaintiff, a widow, about fifty-one years of age, was a passenger on defendant’s train, and while alighting from the train at the station in Allegheny city she stepped upon the wooden bung of a beer barrel, and sprained her ankle.
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Appeal, No. 297, Oct. T., 1893, by-plaintiff, Annie Bernhardt, from judgment of O. P. No. 3, Allegheny Co., May T., 1892, No. 482, granting nonsuit. Trespass for personal injuries. Before Porter, J. At the trial it appeared that on Oct. 5,1891, plaintiff, a widow, about fifty-one years of age, was a passenger on defendant’s train, and while alighting from the train at the station in Allegheny city she stepped upon the wooden bung of a beer barrel, and sprained her ankle. The evidence showed that the platform where the bung was lying was in proper-repair. The court entered a compulsory…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The appellant, resting the stress of her argument upon a presumption of negligence, seeks to convict the learned trial judge of error for entering a compulsory nonsuit. Without doubt when an injury is the result of defective or unsafe machinery, or 'the appliances of transportation, or an improper conduct of the business, a presumption of negligence arises, because, when the accident is connected with them, the presumption of negligence places upon them the stamp of defect, insecurity or misconduct, and, when so connected, from the nature of the carrier’s…
2Cases cited2 opinions
- Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
- Hayman v. Pennsylvania R.Supreme Court of Pennsylvania · 1888
3Cited by10 opinions
- Eisentrager v. Great Northern Railway Co.Supreme Court of Iowa · 1916
- Allen v. Northern Pacific Railway Co.Washington Supreme Court · 1904
- Maternia v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1947
- Pedretti v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1965
- Heck v. Northern Pacific Ry. Co.Montana Supreme Court · 1921
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