Nebel v. Burrelli

Opinion by

Mr. Justice Horace Stern,

The mere happening of a collision between the vehicle of a common carrier and a vehicle under other control or management does not give rise to any inference of negligence on the part of the carrier. The rule of res ipsa loquitur does not apply to such an accident: Zaltouski v. Scranton Rwy. Co., 310 Pa. 531, 165 A. 847; Hughes v. Philadelphia Transportation Co., 154 Pa. Superior Ct. 162, 35 A. 2d 544. In the present case, however, there was evidence from which the jury would have been justified in concluding that the accident for which this suit was brought…