Shelly v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 8, Jan. T., 1905, by plaintiff, from judgment of C. P. Montgomery Co., Deo. T., 1903, No. 62, on verdict for defendant in case of Angelina Shelly, Executrix of Moses R. Shelly, deceased v. Philadelphia & Reading Railway Company. Trespass to recover damages for property destroyed by fire alleged to have been caused by sparks from an engine.
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Appeal, No. 8, Jan. T., 1905, by plaintiff, from judgment of C. P. Montgomery Co., Deo. T., 1903, No. 62, on verdict for defendant in case of Angelina Shelly, Executrix of Moses R. Shelly, deceased v. Philadelphia & Reading Railway Company. Trespass to recover damages for property destroyed by fire alleged to have been caused by sparks from an engine. Before Swartz, P. J. At the trial a witness for plaintiff was asked this question : “ Q. What did you observe say within two weeks back, what did you observe this train, this New York milk train, as you call it, do as it came down through…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
This action was to recover for the loss of the plaintiff’s buildings by fire, alleged to have been caused by the negligent operation of an engine on the defendant’s road. It is stated in the declaration that the engine that caused the fire was one that drew a freight train on the south bound track between the hours of nine and ten o’clock p. M. on May 28, 1903. This train was identified by six of the plaintiff’s witnesses as a regular freight train, known as the New York milk train, that passed the station near the plaintiff’s buildings a few minutes before ten…
2Cases cited1 opinion
3Cited by9 opinions
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- Kalbach v. Philadelphia & Reading Ry.Supreme Court of Pennsylvania · 1923
- Osburn v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1908
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