Philadelphia & Reading Railroad v. Hendrickson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Columbia county: Of September Term 1875. This was an action on the case, brought July 23d 1873, in the Court of Common Pleas of Montour county, by Abraham Hendrickson against The Philadelphia and Reading Railroad Company. The case was, on the 7th of April 1874, certified into the Court of Common Pleas of Columbia county, where it was tried February 8th 1875, before Elwell, P. J. The defendants were lessees of the Catawissa Railroad.
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Error to the Court of Common Pleas of Columbia county: Of September Term 1875. This was an action on the case, brought July 23d 1873, in the Court of Common Pleas of Montour county, by Abraham Hendrickson against The Philadelphia and Reading Railroad Company. The case was, on the 7th of April 1874, certified into the Court of Common Pleas of Columbia county, where it was tried February 8th 1875, before Elwell, P. J. The defendants were lessees of the Catawissa Railroad. The plaintiff was the owner of a farm in Liberty township, Montour county, _ through which the Catawissa Railroad is…
1Opinion of the CourtChief Justice Agnew
Whether a barn or a house standing near to the track of a railroad was set on fire by sparks thrown from a locomotive is a question of fact, depending on the circumstances, when no direct proof is made, and therefore must be decided by a jury. Hence all the circumstances tending to the proof of the fact must be admitted in evidence: Huyett v. Phila. & Read. Railroad Co., 11 Harris 373; Penna. Railroad Co. v. Stranahan, 29 P. F. Smith 405; Webb v. Rome, Watertown et al. Railroad Co., 49 N. Y. 423. The first and second errors are not supported. The third and fourth need no comment. Nor do we…
2Cases cited2 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Flynn v. San Francisco & San Jose RailroadCalifornia Supreme Court · 1870
3Cited by6 opinions
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Matthews v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1901
- Van Steuben v. Central R. R.Supreme Court of Pennsylvania · 1896
- Mississippi Home Insurance v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1892
- John Hancock Ice Co. v. Perkiomen RailroadSupreme Court of Pennsylvania · 1909
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