Bartolet v. McAdoo
Superior Court of Pennsylvania
Appeal, No. 214, Oct. T., 1919, by plaintiff, from judgment of C. P. Schuylkill County, Sept. T., 1918, in favor of defendant non obstante veredicto in the case of Andrew M. Bartolet v. William G. McAdoo, Director General of Railroads, Sept. T., 1918, No. 112. Trespass to recover damages for the burning of a barn. Before Bechtel, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 214, Oct. T., 1919, by plaintiff, from judgment of C. P. Schuylkill County, Sept. T., 1918, in favor of defendant non obstante veredicto in the case of Andrew M. Bartolet v. William G. McAdoo, Director General of Railroads, Sept. T., 1918, No. 112. Trespass to recover damages for the burning of a barn. Before Bechtel, P. J. The facts are stated in the opinion of the Superior Court. The jury rendered a verdict in favor of the plaintiff for $1,400. Subsequently the court entered judgment for the defendant non obstante veredicto. Plaintiff appealed. Error assigned was the judgment of…
1Dissent
Dissenting Opinion by
Keller, J.:
There was evidence that after a certain engine belonging to the defendant had made its trip, fire broke out within a few minutes in the adjoining fields at four different places, located within a distance of about three miles. It started in the plaintiff’s field about seventy-five feet from the track, and helped by an unusually strong wind, in a few minutes had burnt about three acres of grass. The wind was in the direction of plaintiff’s barn and sparks from the field were flying with the wind. The fire in the field was just out when the defendant’s employees…
2Cases cited4 opinions
- Pennsylvania Railroad v. HopeSupreme Court of Pennsylvania · 1876
- Pennsylvania Railroad v. KerrSupreme Court of Pennsylvania · 1870
- Oakdale Baking Co. v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914
- Cook v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Pennsylvania · 1915