Clark v. Lehigh Valley Railroad
Superior Court of Pennsylvania
Appeal, No. 67, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., May T., 1897, No. 28, on verdict for plaintiff in case of Rosanna Clark v. Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries. Before Ferris, J. At the trial it appeared that on July 13, 1896, plaintiff, while a passenger on one of defendant’s trains, was injured by the derailment of a train caused by the engine striking a cow.
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Appeal, No. 67, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., May T., 1897, No. 28, on verdict for plaintiff in case of Rosanna Clark v. Lehigh Valley Railroad Company. Trespass to recover damages for personal injuries. Before Ferris, J. At the trial it appeared that on July 13, 1896, plaintiff, while a passenger on one of defendant’s trains, was injured by the derailment of a train caused by the engine striking a cow. The defendant claimed that the presumption of negligence in favor of the passenger was rebutted by proof that the derailment was caused by a cow on the…
1Opinion of the Court
Opinion by
Rice, P. J.,
The court charged the jury that the happening of an accident to the means of transportation of a railroad, resulting in an injury to a passenger, of itself raises a presumption of negligence on the part of the company, which presumption is sufficient to warrant a recovery of damages, unless rebutted by evidence on behalf of the company showing that the injury was not caused by its negligence or the negligence of its employees. The substantial correctness of this statement of the law, as applied to this case, is not disputed by the defendant’s counsel; nor do they deny…
2Cases cited4 opinions
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Gibson v. Western New York & Pennsylvania R. R.Supreme Court of Pennsylvania · 1894
- Lackawanna & Bloomsburg Railroad v. ChenewithSupreme Court of Pennsylvania · 1866
- Raiguel's AppealSupreme Court of Pennsylvania · 1876
3Cited by1 opinion
- Shaughnessy v. Director General of RailroadsSupreme Court of Pennsylvania · 1922