Willoughby v. Buffalo, Rochester & Pittsburg Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 105, Jan. T., 1902, by defendant, from order of C. P. McKean Co., June T., 1901, No. 317, refusing a change of venue in case of W. W. Willoughby et al. v. Buffalo, Rochester & Pittsburg Railway Company. Rule for change of venue. The opinion of the Supreme Court states the case. Error assigned was the order of the court discharging the rule.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of trespass to recover damages for the alleged negligence of the defendant company in setting fire to, burning and destroying certain personal property and injuring standing timber upon the lands of the plaintiffs. A plea was *245entered and the case was put at issue on September 3, 1901. On January 2, 1902, the defendant presented its petition to the court below and obtained a rule on the plaintiffs to show cause why a change of venue should not be awarded. Subsequently the defendant filed an amended petition which, like the original petition,…
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