Mostoller v. Somerset Township
Superior Court of Pennsylvania
Appeal, No. 85, April T., 1917, by defendant, from, judgment of C. P. Somerset Co., Sept. T., 1915, No. 137, on verdict for plaintiff in case of Newton A. Mostoller v. Somerset Township. Trespass to recover damages for injuries to a farm by fire. Before Rtjppel, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 85, April T., 1917, by defendant, from, judgment of C. P. Somerset Co., Sept. T., 1915, No. 137, on verdict for plaintiff in case of Newton A. Mostoller v. Somerset Township. Trespass to recover damages for injuries to a farm by fire. Before Rtjppel, P. J. The facts are stated in the opinion of the Superior Court. The defendant presented the following points: 3. Plaintiff’s own statement being that he saw the fire when 500 or 600 feet away from the roller and its men and that he passed on down the road to his private land, went through the lane to his barn, a distance from the…
1Opinion of the Court
Opinion by
Hendeeson, J.,
The plaintiff’s action was brought to recover damages for injury to his farm caused by a fire alleged to have been communicated from a traction roller owned by the defendant township and in use on a public highway near the plaintiff’s land. The fire was ignited at the roadside on land adjoining the plaintiff’s and was communicated by a continuous burning to the latter’s premises. The roller was propelled along the highway in the forenoon of the day when the fire occurred and was in charge of an engineer and fireman employed by the supervisors of the township. Repairs…
2Cases cited3 opinions
- Elder Township School District v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Kriebel v. Worcester TownshipSupreme Court of Pennsylvania · 1916
- Derminer v. New York Central & Hudson River RailroadSuperior Court of Pennsylvania · 1910
3Cited by1 opinion
- Smith v. Snowden TownshipSupreme Court of Pennsylvania · 1943