Mellinger v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 170, Jan. T., 1909, by defendant, from judgment of C. P. Lancaster Co., Jan. T., 1908, No. 54, on verdict for plaintiff in case of W. G. Mellinger v. The Pennsylvania Railroad Company. Trespass to recover damages for burning of a lumber yard. Before Hassler, J. The facts appear in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,360. Defendant appealed.
Read the full summary
Appeal, No. 170, Jan. T., 1909, by defendant, from judgment of C. P. Lancaster Co., Jan. T., 1908, No. 54, on verdict for plaintiff in case of W. G. Mellinger v. The Pennsylvania Railroad Company. Trespass to recover damages for burning of a lumber yard. Before Hassler, J. The facts appear in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,360. Defendant appealed. Errors assigned were refusal to grant new trial and refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The plaintiff was the owner of a lumber yard with certain buildings and sheds located about seventy feet from the tracks of the defendant’s railroad. On July 31, 1907, between 12 and 1 o’clock p. m., the property was destroyed by fire. Plaintiff brought suit alleging that the defendant negligently operated upon its line an engine with a defective smokestack which emitted large sparks in such a manner as to ignite and set fire to his property. He recovered a verdict, and the defendant has appealed.
The jury could have found from the testimony that on the day of…
2Cases cited4 opinions
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Byers v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
- Erie Railway Co. v. DeckerSupreme Court of Pennsylvania · 1875
- Lackawanna & Bloomsburg Railroad v. DoakSupreme Court of Pennsylvania · 1866
3Cited by5 opinions
- Knickerbocker Ice Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Shade v. LlewellynSupreme Court of Pennsylvania · 1915
- Hinman v. HinmanSupreme Court of Pennsylvania · 1925
- Baker v. BloomSuperior Court of Pennsylvania · 1927
- Commonwealth v. LettermanCentre County Court of Quarter Sessions · 1929