Canery v. Southeastern Pennsylvania Transportation Authority

It is my interpretation of the record in this case that the evidence adduced at trial and the inferences reasonably drawn therefrom are insufficient to establish negligence on the part of SEPTA. At trial, the appellee, Canery, was obviously unable to show how the accident happened, and so took alternate approaches. Canery’s medical witness testified, on cross-examination, that he did not know how the accident happened, and that Canery could have been injured while on the platform or in the track area.

It is axiomatic that the mere happening of an accident is not evidence of negligence; and…