American Ice Co. v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 78, Jan. T., 1909, by-plaintiff, from order of C. P. No. 3, Phila. Co., March T., 1907, No. 1,451, refusing to take off nonsuit in case of American Ice Company v. Pennsylvania Railroad Company. Trespass to recover damages for burning of property alleged to have been caused by sparks from a locomotive. Before Ferguson, J. The facts appear by the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This case was very carefully considered by the trial judge and intelligently reviewed by the court in banc. It has been ably argued by learned counsel on both sides before us. We have examined the cases cited and the record presented with the result that no error has been found upon which to base a *441reversal. The nonsuit was properly granted and the refusal to take it off was not error. The fire is alleged to have been caused by sparks negligently emitted from the locomotives of the appellee company. The general rule is that negligence is never presumed, it must be…
2Cited by3 opinions
- Knickerbocker Ice Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Oakdale Baking Co. v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914
- Derminer v. New York Central & Hudson River RailroadSuperior Court of Pennsylvania · 1910