Connerton v. President of the Delaware & Hudson Canal Co.
Supreme Court of Pennsylvania
Appeal, No. 81, July, T., 1894, by plaintiff, from refusal of C. P. of Lackawanna Co., Sept. T., 1891, No. 300, to take off a compulsory nonsuit. Trespass for death of daughter from alleged negligence of defendant. The material facts appear from the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Williams,
In an action to recover damages for an injury alleged to be due to the negligence of the defendant the evidence submitted to the jury should be such as will fairly support two conclusions of fact. First, that the defendant was guilty of the negligence charged. Second, that the plaintiff was not guilty of contributory negligence. In cases where the injury complained of results in the death of the injured person the law presumes that such person exercised the measure of care that it was his duty to exercise. The presumption is prima facie only and may be rebutted…
2Cases cited2 opinions
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Penn. R. v. MooneySupreme Court of Pennsylvania · 1889
3Cited by6 opinions
- Davidson v. Lake Shore & Michigan Southern Railway Co.Supreme Court of Pennsylvania · 1895
- Unger v. Philadelphia, Baltimore & Washington RailroadSupreme Court of Pennsylvania · 1907
- Sefton v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1916
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Nehring v. Connecticut Co.Supreme Court of Connecticut · 1912
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