Henderson v. Phila. R.
Pennsylvania Court of Common Pleas, Philadelphia County
No. 180 January Term 1890, Sup. Ct.; court below, No. 81 December Term 1888, C. P. No. 3. On November 13, 1888, Henderson, Hull & Co., Limited, brought trespass against the Philadelphia & Reading Railroad Company, to recover damages for alleged negligence of the defendant company causing the destruction of the plaintiff’s ' mill by fire.
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No. 180 January Term 1890, Sup. Ct.; court below, No. 81 December Term 1888, C. P. No. 3. On November 13, 1888, Henderson, Hull & Co., Limited, brought trespass against the Philadelphia & Reading Railroad Company, to recover damages for alleged negligence of the defendant company causing the destruction of the plaintiff’s ' mill by fire. Issue. .At the second trial, on November 6,1889, the following facts were shown: The plaintiff firm was the owner of a sash and door mill at Montgomery, Lycoming county. The defendant’s railroad passed the mill at the rear, and the Pennsylvania railroad ran…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
This action was brought to recover damages for the destruction by fire of the plaintiff’s sash and door mill at Montgomery, in Lycoming county. The mill was situate between the Pennsylvania and the Philadelphia & Reading railroads; the former passing in front, and the latter in the rear of the mill. The plaintiffs allege that the fire, which occurred on the tenth day of August, 1888, was communicated from sparks emitted by the defendant’s engines. The fire was discovered about *4756 or 6.15 o’clock p. M., in the upper part of the ventilator, on the side next the…
2Cases cited18 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Field v. New York Central RailroadNew York Court of Appeals · 1865
- Longabaugh v. Virginia City & Truckee RailroadNevada Supreme Court · 1874
- Ettinger v. CommonwealthSupreme Court of Pennsylvania · 1881
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