Statler v. Penna. R. R. Co.

Opinion by

Me. Justice Simpson,

Plaintiff sued and recovered a verdict for the destruction of his farm buildings and their contents, caused, as he alleged and the jury found, by the negligent emission of sparks from one of the locomotives of defendant. The court in banc dismissed defendant’s rule for a new trial; but, relying on Kalbach v. P. & R. Ry., 277 Pa. 307, entered judgment in its favor non obstante veredicto. This was done, because it thought that no train scheduled on defendant’s train sheets could have passed plaintiff’s property at a time sufficiently close to the discovery of the…