Byers v. Baltimore & Ohio Railroad
Supreme Court of Pennsylvania
Appeal, No. 128, Oct. T., 1908, by defendant, from judgment of C. P. Lawrence Co., Dec. T., 1905, No. 95, on verdict for plaintiff in case of Horace D. Byers v. Baltimore & Ohio Railroad Company. Trespass to recover damages for destruction of plaintiff’s barn by fire alleged to have been caused by sparks escaping from a locomotive.
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Appeal, No. 128, Oct. T., 1908, by defendant, from judgment of C. P. Lawrence Co., Dec. T., 1905, No. 95, on verdict for plaintiff in case of Horace D. Byers v. Baltimore & Ohio Railroad Company. Trespass to recover damages for destruction of plaintiff’s barn by fire alleged to have been caused by sparks escaping from a locomotive. Before William E. Porter, P. J. At the trial plaintiff was asked this question: “Q. State whether or not you observed the netting called the spark arrester? A. I did. Q. What condition was it in?” Objected to by defendant’s counsel because this alleged examination…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Plaintiff in this case is the owner of a farm adjoining the tracks of the defendant company. Upon this farm stood his barn, 229 feet north of the railroad track, and his house was located about the same distance from the railroad, and about 100 feet away from the barn. On January 17, 1905, in the forenoon, the barn and other outbuildings caught fire and were destroyed. A relief train of the defendant passed the location of the property a few moments before the fire was discovered. The plaintiff charged the defendant company with negligence, in that it had not…
2Cases cited3 opinions
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Elder Township School District v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Philadelphia & Reading Railroad v. SchultzSupreme Court of Pennsylvania · 1880
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- Mellinger v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1910
- Badman v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910
- Hunter v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1911
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