Huyett v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was an action in case by Henry Huyett v. The Philadelphia and Reading Railroad Company, for carelessness in the management of their locomotive engines, whereby the plaintiff’s house, near the defendants’ road, took fire and was consumed. Plea, not guilty.
Read the full summary
Error to the Common Pleas of Berks county. This was an action in case by Henry Huyett v. The Philadelphia and Reading Railroad Company, for carelessness in the management of their locomotive engines, whereby the plaintiff’s house, near the defendants’ road, took fire and was consumed. Plea, not guilty. On the trial below, the plaintiff gave evidence showing that the defendants’ road passes through his farm, with its track 77 feet from his dwelling-house, and that on April 18, 1846, his house was set on fire by sparks from some one or more of several engines passing by on that day, and about…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrxg, J.
In the case of the Railroad Company v. Yeiser, all the material principles of this cause are decided except one; and that has reference to what is sufficient evidence of carelessness on the part of a railroad company in case of a fire occasioned by sparks from their engines.
Whether, in this instance, it was caused by the carelessness of the defendants’ servants, must he judged from the circumstances; and we think that the cases referred to by the plaintiff’s counsel, show clearly enough that this question, under the evidence here, is within…
2Cases cited1 opinion
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
3Cited by8 opinions
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Glanz v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
- Matthews v. Pittsburg & Lake Erie RailroadSuperior Court of Pennsylvania · 1901
- Toledo, St. L. & W. R. R. v. Star Flouring Mills Co.Court of Appeals for the Sixth Circuit · 1906
- Director General of Railroads v. JohnstonSuperior Court of Delaware · 1921
3 more not listed; retrieve them via the Exa API.