Austin v. Pennsylvania Railroad

The opinion of the court was delivered by

Swayze, J.

The facts of this case warranted an inference by the jury that the fire that caused the damages for which the plaintiff sues, was caused by sparks from a locomotive engine of defendant. They are quite as strong as in Goodman v. Lehigh Valley Railroad Co., 49 Vroom 317, a case which, after a retrial, we, this term, reaffirm. The defendant appeals to the well-established rule that it is not enough for the plaintiff to prove the possible responsibility of the defendant, but he must show the existence of such circumstances as justify the…