169 Pa. 339 | Pa. | 1895
Opinion by
In an action to recover damages for an injury alleged to be due to the negligence of the defendant the evidence submitted to the jury should be such as will fairly support two conclusions of fact. First, that the defendant was guilty of the negligence charged. Second, that the plaintiff was not guilty of contributory negligence. In cases where the injury complained of results in the death of the injured person the law presumes that such person exercised the measure of care that it was his duty to exercise. The presumption is prima facie only and may be rebutted by proof of the acts of the injured person or of the circumstances surrounding the accident. In the case now before us a father sues to recover for the death of his daughter who was of full age but who still continued a mem
The judgment is affirmed.