Elder Township School District v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 140, April T., 1904, by defendant, from judgment of C. P. Cambria Co., Dec. T., 1902, No. 317, on verdict for plaintiff in case of Elder Township School District v. Pennsylvania Railroad Company. Trespass to recover damages for destruction of a schoolhouse by a fire alleged to have been started by sparks of a locomotive. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant.
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Appeal, No. 140, April T., 1904, by defendant, from judgment of C. P. Cambria Co., Dec. T., 1902, No. 317, on verdict for plaintiff in case of Elder Township School District v. Pennsylvania Railroad Company. Trespass to recover damages for destruction of a schoolhouse by a fire alleged to have been started by sparks of a locomotive. The facts are stated in the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $720. Defendant appealed. jError assigned was in not giving binding instructions for defendant. Where the…
1Opinion of the Court
Opinion by
Hendeeson, J.,
The plaintiff offered evidence to show that at about one o’clock on April 30,1901, a long train of cars propelled by two locomotives passed over the defendant’s road and within about five minutes thereafter fire was discovered in two places about fifteen feet from the track; that there was an accumulation of dry grass, leaves and hemlock treetops within the right of way along where the fire started and burned; that there was a considerable grade and a curve on the road at that place ; that it was a dry windy day, the wind blowing toward the schoolhouse ; that the fire…
2Cases cited3 opinions
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
- Kirchner v. SmithSupreme Court of Pennsylvania · 1904
- Stephenson v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1902
3Cited by11 opinions
- Byers v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
- Shaffer v. BahrSuperior Court of Pennsylvania · 1914
- Badman v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910
- Finkelstein v. SpattSuperior Court of Pennsylvania · 1912
- Hunter v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1911
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