Pawling v. Hoskins
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 80 January Term 1890, Sup. Ct.; court below, No. 40 September Term 1888, C. P. No. 4. On September 13, 1888, John W. Pawling brought trespass against William H. Hoskins and Thomas A. Wiley, trading as W. H. Hoskins Co., to recover for personal injuries alleged to have been received by the plaintiff in consequence of negligence on the part of the defendants.
Read the full summary
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 80 January Term 1890, Sup. Ct.; court below, No. 40 September Term 1888, C. P. No. 4. On September 13, 1888, John W. Pawling brought trespass against William H. Hoskins and Thomas A. Wiley, trading as W. H. Hoskins Co., to recover for personal injuries alleged to have been received by the plaintiff in consequence of negligence on the part of the defendants. The defendants’ plea was not guilty. 0 At the trial on April 22, 1889, the following facts were shown: The defendants carried on a general stationery,…
1Opinion of the Court
Opinion,
Mr. Justice Williams :
Where the negligence of the defendant is the ground upon which a recovery in damages is sought, the burden of proof is on the plaintiff, and he must show the negligence of which he complains. There is a well-recognized exception to this rule in the case of common carriers. After the carrier has entered upon the performance of his contract to cany safely, if an injurious accident happens to or affects any of the means or appliances of carriage, whereby the plaintiff sustains injury, he is required to show only the happening of the accident, and the injury. The…
2Cited by7 opinions
- Spees v. BoggsSupreme Court of Pennsylvania · 1901
- Murray v. EarlSupreme Court of Pennsylvania · 1925
- Morris & Co. v. AlvisSupreme Court of Virginia · 1921
- Henessey v. Wabash Mills Co.Supreme Court of Pennsylvania · 1912
- Truby & Truby v. NolanSuperior Court of Pennsylvania · 1925
2 more not listed; retrieve them via the Exa API.