Campbell v. Baltimore & Ohio Railroad
Superior Court of Pennsylvania
Appeal, No. 43, April T., 1914, by defendant, from judgment of C. P. Butler Co., Sept. T., 1913, No. 87, on verdict for plaintiff in case of Asa J. S. Campbell v. Baltimore & Ohio Railroad Company. Trespass to recover damages for injuries to property. Before Galbkeath, P. J. The facts are stated in the opinion of the Superior Court.
Read the full summary
Appeal, No. 43, April T., 1914, by defendant, from judgment of C. P. Butler Co., Sept. T., 1913, No. 87, on verdict for plaintiff in case of Asa J. S. Campbell v. Baltimore & Ohio Railroad Company. Trespass to recover damages for injuries to property. Before Galbkeath, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented the following point: 4. That negligence is the want of care according to the circumstances and the court is to decide the question of negligence where the precise duty is determinate under all the circumstances and there being no proof in this…
1Opinion of the Court
Opinion by
Rice, P. J.,
It is a well-settled rule of law, which the court called to the jury’s attention in a clear, adequate, and impartial charge, that, in an action against a railroad company to recover damages for loss by fire, no presumption of negligence arises simply from the fact that the defendant’s locomotive communicated fire to the plaintiff’s premises; the plaintiff must go further and show by evidence, direct or circumstantial, not only that the sparks from the defendant’s engine communicated the fire to his premises, but that they were emitted by reason of the defendant’s…
2Cases cited4 opinions
- Richards v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1889
- Shevalier v. Postal Telegraph Co.Superior Court of Pennsylvania · 1903
- Emerson v. SchoonmakerSupreme Court of Pennsylvania · 1890
- John Hancock Ice Co. v. Perkiomen RailroadSupreme Court of Pennsylvania · 1909
3Cited by7 opinions
- Marrazzo v. Scranton Nehi Bottling Co.Supreme Court of Pennsylvania · 1970
- Wade v. S. J. Groves & Sons Co.Superior Court of Pennsylvania · 1981
- Sabella, D. v. Appalachian Development Corp.Superior Court of Pennsylvania · 2014
- Hardin v. Ill. Central Railroad Co.Supreme Court of Missouri · 1934
- MARRAZZO v. SCRAN. NEHI BOT. CO., INC.Supreme Court of Pennsylvania · 1970
2 more not listed; retrieve them via the Exa API.