Frey v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal No. 271, Jan. T., 1913, by plaintiff, from order of C. P. Lycoming Co., March T., 1913, No. 204, refusing to take off nonsuit in case of George B. M. Frey y. The Pennsylvania Railroad Company. Trespass to recover damages for burning of timber land. Before Whitehead, P. J. The facts appear by the opinion of the Supreme Court. The court below directed a nonsuit at the close of plaintiff’s case which it subsequently refused to take off.
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Appeal No. 271, Jan. T., 1913, by plaintiff, from order of C. P. Lycoming Co., March T., 1913, No. 204, refusing to take off nonsuit in case of George B. M. Frey y. The Pennsylvania Railroad Company. Trespass to recover damages for burning of timber land. Before Whitehead, P. J. The facts appear by the opinion of the Supreme Court. The court below directed a nonsuit at the close of plaintiff’s case which it subsequently refused to take off. Error assigned was the refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Me. Justice Brown,
Appellant brought this action to recover damages for the destruction of timber by a fire alleged to have been caused by the appellee’s negligent operation of one of its locomotives. At the close of plaintiff’s testimony a non-suit was entered, on the ground of his contributory negligence in failing to make an effort to extinguish the fire, and the refusal to take off that judgment is the error assigned on this appeal.
It is urged by counsel for appellee that, as there was no sufficient evidence of the defendant’s negligence, the nonsuit was properly entered, without…
2Cases cited4 opinions
- Neslie v. Second & Third Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1886
- Crissey v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1874
- McKee v. BidwellSupreme Court of Pennsylvania · 1873
- John Hancock Ice Co. v. Perkiomen RailroadSupreme Court of Pennsylvania · 1909