Mahaffey v. New York Central & Hudson River Railroad
Supreme Court of Pennsylvania
Appeal, No. 64, Jan. T., 1910, by defendant, from judgment of C. P. Clearfield Co., May T., 1909, No. 42, on verdict for plaintiffs in case of H. B. Mahaffey and 11. F. Mahaffey v. New York Central & Hudson River Railroad Company. Trespass to recover damages for the negligent burning over of woodland. Before A. O. Smith, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 64, Jan. T., 1910, by defendant, from judgment of C. P. Clearfield Co., May T., 1909, No. 42, on verdict for plaintiffs in case of H. B. Mahaffey and 11. F. Mahaffey v. New York Central & Hudson River Railroad Company. Trespass to recover damages for the negligent burning over of woodland. Before A. O. Smith, P. J. The facts are stated in the opinion of the Supreme Court. Errors assigned were (1-12) various rulings on evidence and instructions sufficiently appearing by the opinion of the Supreme Court.
1Opinion of the Court
Opinion by
Mr. Justice Stewaet,
In admitting evidence as to the difference in market value of plaintiffs’ land before and after the fire, there was no departure from the issue as defined in the pleadings. If the plaintiffs’ claim had been for the loss of a *287definite amount of marketable timber of a certain grade or quality, such evidence would not only have been irrelevant, but decidedly misleading; but such was not their claim. True, in the statement filed the property is described as a tract of land “largely woodland, on which there were standing and growing a large number of hemlock,…
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