Bullock v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal No. 85, Jan. T., 1911, by defendant from judgment of C. P. Delaware Co., Sep. T., 1907, No. 223, on verdict for plaintiff in case of Edward T. Bullock v. Baltimore & Ohio Railroad Company. Trespass to recover for the loss of crops and growing timber. Before Johnson, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for plaintiff for $1632.40. Defendant appealed. Errors assigned were various rulings on evidence and instructions.
1Opinion of the Court
Per Curiam,
This action was to recover damages for the loss of crops and growing timber by fire alleged to have been caused by the defendant’s negligence. There was testimony tending to show that the fire was caused by cinders of an unusual size and so large that they could not have escaped from the smoke stack of a properly equipped locomotive. The question thus raised together with that of the plaintiff’s negligence in not making a reasonable effort to extinguish the fire and save the property from destruction was clearly for the jury and were properly submitted.
The measure of damages was…
2Cases cited1 opinion
- Mahaffey v. New York Central & Hudson River RailroadSupreme Court of Pennsylvania · 1910
3Cited by6 opinions
- McSorley v. Avalon Borough School DistrictSupreme Court of Pennsylvania · 1927
- Gross v. Jackson TownshipSupreme Court of Pennsylvania · 1984
- Ribblett v. Cambria Steel Co.Supreme Court of Pennsylvania · 1916
- Richards v. Sun Pipe Line Co.Superior Court of Pennsylvania · 1994
- Curfman v. R & H Restaurants, Inc., Pennsylvania Court of Common Pleas, Franklin County1980
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