John Hancock Ice Co. v. Perkiomen Railroad
Supreme Court of Pennsylvania
Appeal, No. 12, Jan. T., 1909, by plaintiff, from judgment of C. P. Montgomery Co., March T., 1908, No. 6, on verdict for defendant in case of John Hancock Ice Company v. Perkiomen Railroad Company. Trespass to recover damages for the destruction of an ice house by fire. Before Swartz, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 12, Jan. T., 1909, by plaintiff, from judgment of C. P. Montgomery Co., March T., 1908, No. 6, on verdict for defendant in case of John Hancock Ice Company v. Perkiomen Railroad Company. Trespass to recover damages for the destruction of an ice house by fire. Before Swartz, P. J. The facts are stated in the opinion of the Supreme Court. At the trial the court charged in part as follows: [I charge you, under' this evidence, that you cannot find that this spark arrester was not of the proper style or character so as to comply with the requirements of the law. I listened carefully to…
1Opinion of the Court
Opinion by
Me. Justice Mesteezat,
The plaintiff owned a large ice house along Perkiomen Creek in Montgomery county, Pennsylvania. The defendant company’s tracks were located not far from the ice house in front of, and near which the company run a siding. About noon on March 30, 1907, defendant’s engine 846 ran into the siding to pull out five loaded cars. The grade of the siding was steep at the starting point, and in starting with its load the engine labored very hard and emitted large volumes of smoke. About ten or fifteen minutes after the engine had started with the load, the roof of the…
2Cases cited7 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Hagan v. Chicago, Detroit & Canada Grand Trunk Junction RailroadMichigan Supreme Court · 1891
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Call v. LarabeeSupreme Court of Iowa · 1882
- Van Steuben v. Central R. R.Supreme Court of Pennsylvania · 1896
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3Cited by5 opinions
- Campbell v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1914
- Florence v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
- Badman v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910
- Frey v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1914
- McQuaide v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Superior Court of Pennsylvania · 1917