208 Pa. 175 | Pa. | 1904
Opinion by
Cases are exceptional in which the court may direct a verdict for the defendant on the strength of testimony presented by him. They never arise where there is a real controversy as to the facts, or doubt as to the inferences to be drawn from them. The remedy for the wilful or capricious disregard of testimony is the granting of a new trial. Where the testimony offered by the plaintiff makes out a prima facie case by showing the existence of facts from which an inference of negligence arises, the case is necessarily for the jury, notwithstanding that the great preponderance of the testimony is with the defendant. An inference of negligence having once arisen remains until overcome by countervailing proof, and whether it is so overcome is a question for the jury : Penna. Railroad Co. v. Weiss, 87 Pa. 447; Spear v. P. W. & B. R. R. Co., 119 Pa. 61; McCafferty v. Penna. Railroad Co., 193 Pa. 339; Devlin v. Beacon Light Co., 198 Pa. 583.
According to the plaintiffs’ testimony, their wagon was going north on the right-hand side of the street, and as it
The judgment is reversed with a venire facias de novo.