219 Pa. 26 | Pa. | 1907
Opinion by
The essential facts so far as they concern the liability of the defendant are not in dispute. The tracks at the point where the accident occurred were the property of the Meadville Traction Company, but were in joint use by that company
Another effort was made to hold defendant liable on the ground that by the agreement it paid the traction company two and a half cents for every passenger it carried over the latter’s linos, and therefore when the decedent paid his fare there arose a joint obligation of both companies for his safe carriage. But there is no basis for such claim. The defendant under the agreement was a lessee of running rights over the traction company’s tracks, and the division of fares was only a method of estimating the rental to be paid. The traction company remained in the sole ownership and control of the road and the defendant no more entered into a joint liability by that arrangement than any other tenant by an agreement to pay rent to his landlord. The class of cases arising from accidents caused by defective roadbed, running regulations, etc., for which the joint users of the road are equally liable to their passengers, has no applicability to the facts of the present case.
Summing np the whole case briefly it shows the defendant using what must be treated as its own track, lawfully and without negligence, and having its passenger killed by the act of a third party, over whom it had no control and for whose action it was in no wise responsible. The presumption of negligence arising from the death of a passenger by collision having been fully rebutted and there being no evidence to show negligence in fact, the verdict should have been directed for the defendant.
Judgment reversed and judgment directed to be entered for the defendant non obstante veredicto.