Oakdale Baking Co. v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeals, Nos. 71 and 72, Jan. T., 1913, by defendant, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1909, No. 3454, on verdict for plaintiff in case of Oakdale Baking Company v. Philadelphia & Reading Railway Company, and from judgment of C. P. No. 4, Philadelphia Co., March T., 1910, No. 2463, on verdict for plaintiff in case of Mayers-Mallory Company v. Philadelphia & Reading Railway Company. Trespass to recover damages for property destroyed by fire.
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Appeals, Nos. 71 and 72, Jan. T., 1913, by defendant, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1909, No. 3454, on verdict for plaintiff in case of Oakdale Baking Company v. Philadelphia & Reading Railway Company, and from judgment of C. P. No. 4, Philadelphia Co., March T., 1910, No. 2463, on verdict for plaintiff in case of Mayers-Mallory Company v. Philadelphia & Reading Railway Company. Trespass to recover damages for property destroyed by fire. Before Davis, J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff in case of Oakdale Baking Company…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
These two actions, which were tried together, were brought to recover damages for the destruction by fire of real and personal property belonging to the plaintiffs below. The fire is alleged to have been caused by the negligent emission of sparks and burning coals from an engine belonging to or operated by the defendant company. The averment upon which recoveries are sought is that on September 5,1909, between 2: 30 and 3:15 p. m., in the City of Philadelphia, sparks, cinders and living coals were negligently permitted to escape from an engine of the defendant,…
2Cases cited4 opinions
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Pennsylvania Railroad v. KerrSupreme Court of Pennsylvania · 1870
- American Ice Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
- Montgomery v. Southern Mutual InsuranceSupreme Court of Pennsylvania · 1913
3Cited by4 opinions
- Knickerbocker Ice Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Kalbach v. Philadelphia & Reading Ry.Supreme Court of Pennsylvania · 1923
- Thomas, Roberts, Stevenson Co. v. Thomas, Roberts, Stevenson Co.Supreme Court of Pennsylvania · 1917
- Bartolet v. McAdooSuperior Court of Pennsylvania · 1920