Emig v. Northern Central Railway Co.
Superior Court of Pennsylvania
Appeal, No. 22, March T., 1910, by defendant, from judgment of C. P. York Co., Aug. T., 1908, No. 72, on verdict for plaintiff in case of Mary J. Emig and Belle L. Emig for the use of the Spring Garden Mutual Fire Insurance Company v. The Northern Central Railway Company.' Trespass to recover damages for destruction of a building by fire. Before Warner, J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 22, March T., 1910, by defendant, from judgment of C. P. York Co., Aug. T., 1908, No. 72, on verdict for plaintiff in case of Mary J. Emig and Belle L. Emig for the use of the Spring Garden Mutual Fire Insurance Company v. The Northern Central Railway Company.' Trespass to recover damages for destruction of a building by fire. Before Warner, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,318.81. Defendant appealed. Error assigned was various rulings on evidence and instructions.
1Opinion of the Court
Opinion by
Orlady, J.,
The legal plaintiffs owned a frame store building which was located within four feet of a siding of the defendant’s railroad, and which, with its contents, was totally destroyed by a fire, alleged to have been started by the careless and negligent operation and management of an engine on the railroad siding. The use plaintiff paid the owners of the building the sum of $1,200, which it conceded to be due in satisfaction of a policy of insurance issued by it to the owners of the property. It was held by them at the time of the fire, and the use plaintiff was then subrogated…
2Cases cited6 opinions
- Devlin v. Beacon Light Co.Supreme Court of Pennsylvania · 1901
- Stephenson v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1902
- Whaley v. Citizens' National BankSuperior Court of Pennsylvania · 1905
- Badman v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910
- Brillinger v. Northern Central RailwaySupreme Court of Pennsylvania · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McQuaide v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Superior Court of Pennsylvania · 1917