U.S. Circuit Court for the District of Eastern Pennsylvania October 16, 1889 (Owens v. Pennsylvania R.)

MoKennan, J.,

(charging jury.) The plaintiff has requested the court to charge the jury as follows:

“(1) That plaintiff was not a trespasser, and has a right to recover if the injury complained of was caused by defendant’s negligence.”

That point is affirmed.

“(2) The fact that the accident occurred raises apresumption of defendant’s negligence.”

That is denied.