Reading & Columbia Railroad v. Latshaw
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of July Term 1879, No. 16. Caso by John Latshaw against the Reading and Columbia Railroad Company, for burning his grass, fences and woods, which he alleged was caused by sparks emitted from, a locomotive of defendant.
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Error to the Court of Common Pleas of Berks county: Of July Term 1879, No. 16. Caso by John Latshaw against the Reading and Columbia Railroad Company, for burning his grass, fences and woods, which he alleged was caused by sparks emitted from, a locomotive of defendant. An appeal was taken from the award of a board of arbitrators, and the case came on for trial on September 6th 1875. The evidence disclosed the following facts r On April 5th 1872, a freight train passed the plaintiff ’s' field drawn by the locomotive “ Oshkosh.” The field was on the line of the road, and about a quarter of an…
1Opinion of the CourtJustice Sterrett
It must be conceded that the plaintiff below was not entitled to recover without sufficient evidence of negligence, on the part of the railroad company, in consequence of which his property was injured or destroyed. The only allegations of negligence were the failure of the company to use a sufficient spark-arrester, and carelessness in the management of its engine. There was not a particle of direct evidence of either, and the jury was asked to infer one or both from the fact that the dry grass, stubble, &c., were ignited in several places on both sides of the road. The substance of the…
2Cited by4 opinions
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Stringert v. Township of RossSupreme Court of Pennsylvania · 1897
- Stephenson v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1902
- Badman v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910