Sollenberger v. Pennsylvania Railroad

Opinion by

Mr. Justice Frazer,

Plaintiff sued to recover damages for destruction of their planing mill by fire alleged to have been caused by sparks emitted from one of defendant’s locomotives. The jury found for plaintiffs and motions for a new trial and for judgment non obstante veredicto were refused and judgment entered on the verdict, from which order defendant appealed. The fire is alleged to have come from sparks thrown out by defendant’s engine 03783 which passed plaintiffs’ property five to ten minutes before the flames were discovered. The fire was first noticed in the engine room and…