Legal Opinion

Cook v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.

Supreme Court of Pennsylvania

Decided October 28, 1915No. Appeal, No. 158PublishedCited by 2 opinions

Appeal, No. 158, October T., 1915, by defendant, from judgment of O. P. Washington Co., Nov. T., 1914, No. 61, on verdict for plaintiff in case of J. H. Cook, for his own use and for the use of the .¿Etna Insurance Company of Hartford, Conn., and National Fire Insurance Company of Hartford, Conn., and Liverpool, London and Globe Insurance Company of England, v. Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company, a corporation, operating the Chartiers Branch of the…

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Appeal, No. 158, October T., 1915, by defendant, from judgment of O. P. Washington Co., Nov. T., 1914, No. 61, on verdict for plaintiff in case of J. H. Cook, for his own use and for the use of the .¿Etna Insurance Company of Hartford, Conn., and National Fire Insurance Company of Hartford, Conn., and Liverpool, London and Globe Insurance Company of England, v. Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company, a corporation, operating the Chartiers Branch of the said Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. Trespass to recover for loss of property by fire.…

1Opinion of the Court

Per Curiam,

This action is for the recovery of damages to the property of plaintiff from fire alleged to have been caused by sparks from a locomotive owned by the defendant company. The sole defense was that sparks from the locomotive were not the proximate cause of the fire, and Pennsylvania Railroad Company v. Kerr, 62 Pa. 353, is relied upon in support of the defense set up. Under all the facts, the question of the proximate cause of the fire was clearly for the jury, and, in a charge to which no exception was taken, the learned trial judge thus properly instructed them: “We charge you,…

2Cases cited1 opinion

  1. Pennsylvania Railroad v. KerrSupreme Court of Pennsylvania · 1870

3Cited by2 opinions

  1. Nicholson v. Buffalo, Rochester & Pittsburgh Ry. Co.Supreme Court of Pennsylvania · 1930
  2. Bartolet v. McAdooSuperior Court of Pennsylvania · 1920

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