Taylor v. Pennsylvania Schuylkill Valley Railroad
Supreme Court of Pennsylvania
Appeal, No. 378, Jan. T., 1895, by plaintiff, from judgment of C. P. Chester Co., Oct. T., 1893, No. 7, on verdict for defendant. Trespass for damages caused by fire. Before Hemphill, J. At the trial plaintiff claimed that the loss was occasioned by a fire originating on the right of way of the railroad company and spreading to plaintiff’s land, burning grass, vegetation and a large quantity of manure.
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Appeal, No. 378, Jan. T., 1895, by plaintiff, from judgment of C. P. Chester Co., Oct. T., 1893, No. 7, on verdict for defendant. Trespass for damages caused by fire. Before Hemphill, J. At the trial plaintiff claimed that the loss was occasioned by a fire originating on the right of way of the railroad company and spreading to plaintiff’s land, burning grass, vegetation and a large quantity of manure. The court charged as follows: As you have already learned tins case turns, in the view, taken by the counsel and the court, upon a question of law. This is an action of trespass brought to…
1Opinion of the Court
Per Curiam:,
The errors assigned to the charge of the learned judge of the court below really raise but one question, viz: Does the fact, that the fire started on the defendant’s right of way show negligence on its part ? The facts that the engine that passed over the road a short time before the fire was provided with an approved spark arrester, which was in good order at the time, and that there was no negligence in the management of the engine or the train drawn by it, had been conceded on the trial. The charge of negligence could only rest therefore on the fact that the fire began in the…
2Cited by5 opinions
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