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Keywords

plaintiffdamagesnegligencetrial

plaintiffdefendantnegligenceappealburden of proof

Related Cases

McAllister v. Pennsylvania R. Co., 324 Pa. 65, 187 A. 415

Facts

On October 1, 1929, Margaret A. McAllister was at the Trenton station of the Pennsylvania Railroad Company when she attempted to board a westbound train. As she approached the train, she fell into a gap between the platform and the train, sustaining injuries. The plaintiff claimed that the railroad company was negligent in failing to provide a safe platform and adequate lighting. Following the incident, her husband, who initially joined the suit, died before the trial, and his administratrix was substituted as a co-plaintiff.

Plaintiff alleged that on October 1, 1929, at about 6:28 p. m., at the Trenton station of the Pennsylvania Railroad Company, she was on the station platform, and as she approached the westbound train to board it, she stepped between the platform of the station and the platform of the car; both feet going into the opening.

Issue

The main legal issues were whether the railroad company was negligent in providing a safe platform and adequate lighting, and whether the plaintiff could sufficiently differentiate her injuries from a subsequent accident.

The question whether the case should have been submitted to the jury was not stressed upon this appeal.

Rule

The court applied the principle that a plaintiff must prove negligence and that damages can be awarded even if the exact amount cannot be determined, as long as there is a reasonable basis for estimation.

The lower court held that plaintiff met with sufficient evidence the burden of proof to carry the case to the jury on the question whether her injury was due to negligence on the part of defendant in not providing sufficient illumination for its platform and cars.

Analysis

The court found that there was sufficient evidence for the jury to determine whether the railroad's negligence caused the plaintiff's injuries. The jury was instructed to use reasonableness and common sense to apportion damages between the injuries from the first accident and those from a subsequent trolley accident. The court emphasized that while exact segregation of damages is ideal, it is not always possible, and the jury should not be penalized for honest claims.

It seems to us that, however desirable it may be wherever possible to segregate with certainty the effects of such similar accidents, it would be unreasonable and impossible to require in every case that it be done with exactitude.

Conclusion

The court affirmed the judgments of the Superior Court, concluding that the jury's findings were supported by sufficient evidence and that the trial court's instructions were appropriate.

As the result of a careful review of the record, we have reached the conclusion that a reversal here would not be justified.

Who won?

The plaintiff, Margaret A. McAllister, prevailed in the case due to the jury's finding of negligence on the part of the Pennsylvania Railroad Company and the sufficiency of evidence supporting her claims.

The jury must, under such circumstances, determine where the ‘dividing line’ is to be drawn, under careful instruction of the court.

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