Legal Opinion

Haverly v. State Line R.

Supreme Court of Pennsylvania

Decided May 19, 1890No. 333PublishedCited by 27 opinions

APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 333 January Term 1890, Sup. Ct.; court below, No. 382 September Term 1882, C. P. On June 22, 1882, LeRoy Haverly brought ease against the State Line & Sullivan Railroad Company, to recover damages for the loss of certain logs and lumber in which the plaintiff had an interest, alleged to have been destroyed by fire in consequence of the defendant company’s negligence.

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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF BRADFORD COUNTY. No. 333 January Term 1890, Sup. Ct.; court below, No. 382 September Term 1882, C. P. On June 22, 1882, LeRoy Haverly brought ease against the State Line & Sullivan Railroad Company, to recover damages for the loss of certain logs and lumber in which the plaintiff had an interest, alleged to have been destroyed by fire in consequence of the defendant company’s negligence. The defendant’s plea was not guilty. The case was tried on December 4, 1884, when a verdict was rendered for the defendant. A new trial having been…

1Opinion of the Court

Opinion,

Mu. Justice Mitchell:

The test by which the line is to be drawn between proximate and remote cause, in reference to liability for the consequences of negligence, has been firmly established by the three cases of Penna. R. Co. v. Kerr, 62 Pa. 353; Penna. R. Co. v. Hope, 80 Pa. 373; and Hoag v. Railroad Co., 85 Pa. 293. It is most elaborately expressed by Chief Justice Agnew in Penna. R. Co. v. Hope, in the following language: “The jury must determine, therefore, whether the facts constitute a continuous succession of events, so linked together that they become a natural whole, or…

2Cases cited11 opinions

  1. Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
  2. Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
  3. S. S. Pass Ry. Co. v. TrichSupreme Court of Pennsylvania · 1887
  4. Morrison v. Davis & Co.Supreme Court of Pennsylvania · 1853
  5. Pennsylvania Railroad v. HopeSupreme Court of Pennsylvania · 1876

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3Cited by27 opinions

  1. Johnson v. Kosmos Portland Cement Co.Court of Appeals for the Sixth Circuit · 1933
  2. Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
  3. Thomas v. Central RailroadSupreme Court of Pennsylvania · 1900
  4. St. Louis S. F. R. Co. v. DavisSupreme Court of Oklahoma · 1913
  5. Gudfelder v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1904

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