Hauer v. Erie County Electric Co.
Superior Court of Pennsylvania
Appeal, No. 144, April T., 1912, by plaintiff, from order of C. P. Erie Co., Sept. T., 1909, No. 100, entering judgment for defendant n. o. v. in case of John' Hauer, use of New Jersey Plate Glass Insurance Company, v. Erie County Electric Company. Trespass to recover damages for personal injuries. Before Prather, P. J., specially presiding.
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Appeal, No. 144, April T., 1912, by plaintiff, from order of C. P. Erie Co., Sept. T., 1909, No. 100, entering judgment for defendant n. o. v. in case of John' Hauer, use of New Jersey Plate Glass Insurance Company, v. Erie County Electric Company. Trespass to recover damages for personal injuries. Before Prather, P. J., specially presiding. At the trial the jury returned a verdict for plaintiff for $126.55. On a rule for judgment for defendant n. o. v. Prather, P. J., stated the facts to be as follows: This is an action brought to recover the value of a plate glass window, property of the…
1Opinion of the Court
Opinion by
Henderson, J.,
The principle is generally recognized that an inference of negligence does not arise from mere proof of the occurrence of an accident. Affirmative evidence is necessary to establish the facts out of which legal liability arises. While this is the well-known rule of law there are exceptions to its application. Where the duty is absolute or a contractual obligation for care exists, the maxim “res ipsa loquitur” expresses the law as applied to the evidence; and an inference of negligence is allowed from the occurrence of the injury. There is still another class of cases…
2Cases cited9 opinions
- Transportation Company v. DownerSupreme Court of the United States · 1871
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Zahniser v. Pennsylvania Torpedo Co.Supreme Court of Pennsylvania · 1899
- Cummings v. National Furnace Co.Wisconsin Supreme Court · 1884
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3Cited by3 opinions
- Fitzpatrick v. PenfieldSupreme Court of Pennsylvania · 1920
- International Derrick & Equipment Co. v. BuxbaumCourt of Appeals for the Third Circuit · 1954
- Livingstone v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1916