Kirstein v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 240, Jan. T., 1917, by plaintiff, from final order of C. P. No. 4, Philadelphia Co., Dec. T., 1910, No. 2664, refusing to take off a non-suit in case of Herman ICirstein v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to plaintiff’s buildings caused by fire. Before Finletter, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 240, Jan. T., 1917, by plaintiff, from final order of C. P. No. 4, Philadelphia Co., Dec. T., 1910, No. 2664, refusing to take off a non-suit in case of Herman ICirstein v. Philadelphia & Reading Railway Company. Trespass to recover damages for injuries to plaintiff’s buildings caused by fire. Before Finletter, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff was the owner of a wheelwright shop located about half a square north of a point where the tracks of the defendant company cross at grade Frank-ford avenue, in the City of Philadelphia. About 12:45 p. m., on Saturday, September 18, 1909, a fire broke out underneath a shed in the yard adjoining the shop.. The fire department promptly responded to an alarm sent.it, and dispatched several fire engines to the scene of the *194fire. When the engines reached the railroad crossing, a half square from the fire, their further progress was obstructed by the gates…
2Cited by10 opinions
- Lebeck v. William A. Jarvis, Inc.Court of Appeals for the Third Circuit · 1957
- Lebeck v. William A. Jarvis, Inc.District Court, E.D. Pennsylvania · 1956
- Cottonwood Fibre Co. v. ThompsonSupreme Court of Missouri · 1949
- Kahn v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1953
- Felter v. Delaware & HR CorporationDistrict Court, M.D. Pennsylvania · 1937
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