Derminer v. New York Central & Hudson River Railroad
Superior Court of Pennsylvania
Appeal, No. 191, Oct. T., 1909, by defendant, from judgment of C. P. Clearfield Co., Dec. T., 1908, No. 232, on verdict for plaintiff in case of Jules Derminer v. New York Central & Hudson River Railroad Company. Trespass to recover damages for injuries to woodland alleged to have been caused by fires from sparks. Before Smith, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $360.50. Defendant appealed.
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Appeal, No. 191, Oct. T., 1909, by defendant, from judgment of C. P. Clearfield Co., Dec. T., 1908, No. 232, on verdict for plaintiff in case of Jules Derminer v. New York Central & Hudson River Railroad Company. Trespass to recover damages for injuries to woodland alleged to have been caused by fires from sparks. Before Smith, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $360.50. Defendant appealed. Error assigned amongst others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff recovered a verdict of $360 in the court below, as damages sustained by him by reason of the alleged negligence of the defendant company, in causing injury by fire on his woodland, adjacent to the railroad tracks.
The first assignment of error standing alone is hardly a fair presentation of the instruction to the jury. The court directed the jury that before there could be a recovery, they must be satisfied by the weight of the evidence, reasonably and fairly, that the defendant permitted an accumulation of dry combustible material on its right of way, which…
2Cases cited3 opinions
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- Stephenson v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1902
- American Ice Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1909
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- Emig v. Northern Central Railway Co.Superior Court of Pennsylvania · 1910
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