Lynch v. Erie City
Supreme Court of Pennsylvania
Appeal, No. 434, Jan. T., 1892, by plaintiff, Michael Lynch, from judgment of C. P. Erie Co,, Sept. T., 1890, No. 47, on verdict for defendant. The facts appear by the opinion of the Supreme Court. The court below, Mobbison, J., of the 48th judicial district, specially presiding, charged, that plaintiff was guilty of contributory negligence, and gave binding instructions for defendant. Errors assigned were (1, 2) instructions, quoting them.
1Opinion of the Court
Opinion by
Mb. Justice Heydbick,
It was incumbent upon the plaintiff to establish a prima facie cause of action resulting exclusively from the negligence of the defendant, or, in other words, a case clear of contributory negligence upon his own part, before the defendant need answer at all. If, being a witness in his own behalf, his testimony upon cross-examination disclosed such contributory negligence, it cannot be said that he had established such prima facie cause of action, though his examination in chief and other parts of his cross-examination filled the full measure of proof required by…
2Cited by4 opinions
- Cazzulo v. HolscherSupreme Court of Pennsylvania · 1918
- Szawlinsky v. CampbellSupreme Court of Pennsylvania · 1961
- Smith v. Shamokin BoroughSupreme Court of Pennsylvania · 1920
- Bechtel v. Mahanoy City BoroughSuperior Court of Pennsylvania · 1906