Legal Opinion

Braheny v. Pittsburg Libson & Western Railroad

Superior Court of Pennsylvania

Decided October 13, 1913No. Appeal, No. 108Published

Appeal, No. 108, April T., 1913, by defendant, from judgment of C. P. Beaver Co., Sept. T., 1910, No. 140, on verdict for plaintiffs in case of Daniel Braheny et al. v. Pittsburg, Libson & Western Railroad Company. Trespass to recover damages for destruction of property by fire.

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Appeal, No. 108, April T., 1913, by defendant, from judgment of C. P. Beaver Co., Sept. T., 1910, No. 140, on verdict for plaintiffs in case of Daniel Braheny et al. v. Pittsburg, Libson & Western Railroad Company. Trespass to recover damages for destruction of property by fire. Before Holt, P. J. At the -al the jury returned a verdict for plaintiff for $1,350. On a motion for a new trial Holt, P. J., filed the following opinion: This case was an action of trespass brought by the plaintiffs for the recovery of damage^ for the destruction of a barn, fences and certain personal property on the…

1Opinion of the Court

Opinion by

Orlady, J.,

A verdict of $1,350 in favor of the plaintiff was recovered in the court below, as damages for the destruction of a barn, fences and certain personal property, by a fire which it was'alleged was started and caused by sparks and cinders emitted from an engine of the defendant. The grounds for recovery were, negligently permitting an accumulation of dried grass and other combustible matters to remain on the right of way of the railroad, and in negligently using a defective locomotive so as to allow sparks and cinders to escape and be thrown on the inflammable debris. On…

2Cases cited2 opinions

  1. Badman v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910
  2. Hunter v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1911

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