Matthews v. Pittsburg & Lake Erie Railroad
Superior Court of Pennsylvania
Appeal, No. 63, April T., 1901, by defendant, from judgment of C. P. Lawrence Co., June T., 1898, No. 83, on verdict for plaintiff in case of Thomas Matthews v. The Pittsburg & Lake Erie Railroad Company. Trespass to recover damages for the loss of a barn by fire alleged to have been caused by sparks from a locomotive. Before Miller, P. J., specially presiding. At the trial it appeared that on September 18, 1897, plaintiff’s barn with its contents was destroyed by fire.
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Appeal, No. 63, April T., 1901, by defendant, from judgment of C. P. Lawrence Co., June T., 1898, No. 83, on verdict for plaintiff in case of Thomas Matthews v. The Pittsburg & Lake Erie Railroad Company. Trespass to recover damages for the loss of a barn by fire alleged to have been caused by sparks from a locomotive. Before Miller, P. J., specially presiding. At the trial it appeared that on September 18, 1897, plaintiff’s barn with its contents was destroyed by fire. The evidence offered on behalf of plaintiff tended to show that the fire was caused by sparks emitted by a particular…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff brought this action of trespass to recover damages for injuries caused, as he alleged, by a locomotive of the defendant discharging sparks or cinders in large numbers and of unusual size which set fire to and totally destroyed certain of his property. The defendant called a number of witnesses to show, not only the want of probability of the facts testified to by plaintiff’s witnesses, but of the impossibility of sparks of the size stated being thrown from the engine and of their being carried the distance mentioned. A model of the engine was exhibited to…
2Cases cited16 opinions
- Shafer v. Lacock, Hawthorn & Co.Supreme Court of Pennsylvania · 1895
- McCafferty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1899
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Morrison v. Davis & Co.Supreme Court of Pennsylvania · 1853
- Sopherstein v. BertelsSupreme Court of Pennsylvania · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stephenson v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1902
- Brown v. Towanda BoroughSuperior Court of Pennsylvania · 1904
- Levinson v. MyersSuperior Court of Pennsylvania · 1904
- Blasband v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1910
- Fitzsimmons v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1914
7 more not listed; retrieve them via the Exa API.