Grant v. Pennsylvania & New York Canal & Railroad
Grant v. Pennsylvania & New York Canal & Railroad
Opinion of the Court
—The difficulty with the plaintiff’s case is that it lacks proof that the injury was caused by any defective appliance. The case is barren of any evidence that the drawhead which broke was defective in such a manner as to involve liability to plaintiff on the part of the defendant. It may have broken on account of a latent defect in the iron which no inspection would have reached. Whether it did or not we do not know and there is no evidence upon the subject. No facts are shown from which the cause of the accident can be more than guessed at. There is food for speculation or wonder, but there is no evidence as to the cause.
Regarding the alleged defect in the drawbar on the locomo
Where there are two or more possible causes of an injury, for one or more of which the defendant is not responsible, the plaintiff, in order to recover, must show by evidence that the injury was wholly or partly the result of that cause which would render the defendant liable. If the evidence in the case leaves it just as probable that the injury was the result of one cause as of the other, the plaintiff cannot recover. Searles v. Manhattan Railroad Co., 101 N. Y. 661; Taylor v. City of Yonkers, 105 Id., 202, 209.
When the evidence on the part of the defendant is examined, it appears almost beyond doubt that the deviation of the drawbar from a straight line had no effect whatever in producing the result. The evidence on the part of the defendant shows that the peculiar manner in which the bar was fastened to the locomotive, styled the “universal knuckle,”
We think the judgment must be reversed and a new trial granted, with costs to abide the event.
All concur.
Reference
- Full Case Name
- Peter Grant v. The Pennsylvania and New York Canal and Railroad Company
- Status
- Published