Badman v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 14, March T., 1910, by defendant, from judgment of C. P. Snyder Co., Oct. T., 1907, No. 12, on verdict for plaintiff in case of Rebecca Badman v. The Pennsylvania Railroad Company. Trespass to recover damages for the destruction, of buildings by fire. Before McClure, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $569. Defendant appealed.
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Appeal, No. 14, March T., 1910, by defendant, from judgment of C. P. Snyder Co., Oct. T., 1907, No. 12, on verdict for plaintiff in case of Rebecca Badman v. The Pennsylvania Railroad Company. Trespass to recover damages for the destruction, of buildings by fire. Before McClure, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $569. Defendant appealed. Errors assigned were (1) in refusing binding instructions for defendant; (2) in overruling defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff’s property consisting of several acres of ground, adjoins the south side of the Sunbury & Lewistown branch of the Pennsylvania Railroad Company, and on it there was erected a brick dwelling house, frame stable, wagon shed, wood shed, and a number of small wooden outbuildings.
On June 27, 1906, a number of these buildings were consumed by fire, alleged by the plaintiff to have been started by sparks thrown from defendant’s engine No. 951, and the jury specially finds that this fire was caused by the improper operation of this engine. The principal contention…
2Cases cited13 opinions
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
- Pennsylvania Railroad v. HopeSupreme Court of Pennsylvania · 1876
- Frankford & Bristol Turnpike Co. v. Philadelphia & Trenton RailroadSupreme Court of Pennsylvania · 1867
- Matthews v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1901
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3Cited by4 opinions
- Florence v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
- Emig v. Northern Central Railway Co.Superior Court of Pennsylvania · 1910
- Braheny v. Pittsburg Libson & Western RailroadSuperior Court of Pennsylvania · 1913
- McQuaide v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Superior Court of Pennsylvania · 1917