Ginn v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 13, Jan. T., 1908, by plaintiff, from order of C. P. Chester Co., Aug. T., 1906, No. 9, refusing to take off nonsuit in case of James N. Ginn v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. At the trial it appeared that on December 1, 1905, plaintiff was a passenger on one of the defendant’s trains from Philadelphia to Coatesville.
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Appeal, No. 13, Jan. T., 1908, by plaintiff, from order of C. P. Chester Co., Aug. T., 1906, No. 9, refusing to take off nonsuit in case of James N. Ginn v. Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. At the trial it appeared that on December 1, 1905, plaintiff was a passenger on one of the defendant’s trains from Philadelphia to Coatesville. While he was occupying a seat in a car next to a window, which was closed, the window pane was suddenly broken, and plaintiff’s eyes were cut by particles of glass. Plaintiff testified that immediately before the…
1Opinion of the Court
Opinion by-
Mr. Justice Elkin,
This appeal raises primarily the question of burden of proof. Under the facts proven at the trial, was the burden of proof on the defendant company to show that the injury for which appellant claims damages was in no way the result of its negligence, or was the burden on appellant to establish the negligence of the defendant company. In order to cast this burden on the defendant company it was necessary for appellant to establish that the injury complained of resulted from the breaking of machinery, collision, derailment of cars, or something improper or unsafe in…
2Cases cited2 opinions
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Ault v. CowanSuperior Court of Pennsylvania · 1902
3Cited by14 opinions
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
- Bragg v. Houston Electric Co.Court of Appeals of Texas · 1924
- Livingston v. Atlantic Coast Line R. Co.Court of Appeals for the Fourth Circuit · 1928
- Archer v. Pennsylvania R.R. Co.Superior Court of Pennsylvania · 1949
- Archer v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1950
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