Hunter v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 105, Oct. T., 1910, by defendant, from judgment of C. P. Clearfield Co., Feb. Term, 1909, No. 102, on verdict for plaintiffs in case of J. H. Hunter v. Pennsylvania Railroad Company. Negligence for damages to woodland caused by sparks from a locomotive.
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Appeal, No. 105, Oct. T., 1910, by defendant, from judgment of C. P. Clearfield Co., Feb. Term, 1909, No. 102, on verdict for plaintiffs in case of J. H. Hunter v. Pennsylvania Railroad Company. Negligence for damages to woodland caused by sparks from a locomotive. Before A. O. Smith, J. At the trial the court permitted the plaintiffs to show under objection and exception the value of the land immediately before the fire and immediately thereafter. [9-14] The court charged in part as follows: [As a matter of fact the plaintiffs have not shown any defect in the spark arrester directly or in…
1Opinion of the Court
Opinion by
Morrison, J.,
The above cases were brought on the same day and they were tried together and in each case a verdict and judgment thereon went in favor of the plaintiff, and the defendant took a separate appeal in each case. The cases are practically alike in all respects, except as to the contributory negligence of Nelson V. Hunter, and we will dispose of that question by a separate opinion filed in the appeal in his case at No. 106, October Term, 1910. In all other respects this opinion which will be filed in the John H. Hunter case is intended to apply to both cases.
The plaintiffs…
2Cases cited16 opinions
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Bunting v. HogsettSupreme Court of Pennsylvania · 1891
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
- Pennsylvania Railroad v. HopeSupreme Court of Pennsylvania · 1876
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3Cited by4 opinions
- Good v. PittsburghSupreme Court of Pennsylvania · 1955
- Stafford v. New York Central RailroadSuperior Court of Pennsylvania · 1923
- Braheny v. Pittsburg Libson & Western RailroadSuperior Court of Pennsylvania · 1913
- Good v. PittsburghSupreme Court of Pennsylvania · 1955