Creasy v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 35, March T., 1914, by defendant, from judgment of C. P. Columbia. Co., Feb. T., 1910, No. 195, on verdict for plaintiff in case of F. P. Creasy v. Pennsylvania Railroad Company. Trespass to recover damages for injuries to property caused by sparks from a locomotive. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $1,100. Defendant appealed.
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Appeal, No. 35, March T., 1914, by defendant, from judgment of C. P. Columbia. Co., Feb. T., 1910, No. 195, on verdict for plaintiff in case of F. P. Creasy v. Pennsylvania Railroad Company. Trespass to recover damages for injuries to property caused by sparks from a locomotive. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $1,100. Defendant appealed. Errors assigned were various rulings and instructions sufficiently set forth in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action arises out of a fire which destroyed a body of standing timber which fire as alleged in the declaration was caused by the defective condition of the spark arrester in an engine or engines of the defendant used on its railroad. The plaintiff’s evidence tends to show that the fire was communicated to his property by cinders thrown onto the right of way of the defendant or onto the plaintiff’s land in close proximity to the right of way, and that the fire thus started, burned over a tract of timber land adjoining the cultivated portion of the farm.…
2Cases cited9 opinions
- Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Kossler v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1904
- Elder Township School District v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Savings & Trust Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
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3Cited by1 opinion
- Philadelphia & Reading Railway Co. v. Green & Flinn, Inc.Supreme Court of Delaware · 1922