Philadelphia & Reading Railroad v. Yerger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: No. 335, of January Term 1872. This was an action on the case brought February 25th 1870, by Joseph Yeager and others against The Philadelphia and Reading Railroad Company, for negligence, in the burning by one of their locomotive engines of a block of four small tenements in Potts-town, about sixty feet from the line of the railroad. The fire occurred on the 4th of July 1868, about 3.45 o’clock in the afternoon.
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Error to the Court of Common Pleas of Montgomery county: No. 335, of January Term 1872. This was an action on the case brought February 25th 1870, by Joseph Yeager and others against The Philadelphia and Reading Railroad Company, for negligence, in the burning by one of their locomotive engines of a block of four small tenements in Potts-town, about sixty feet from the line of the railroad. The fire occurred on the 4th of July 1868, about 3.45 o’clock in the afternoon. The case was tried August 16th 1871, before Ross, P. J. Henry M. Pile, a witness for plaintiff, testified that on the day…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Mercur, J.
When the plaintiffs below rested their case the defendants moved for a nonsuit. This was refused by the court; that refusal is now assigned for error.
If the defendant had declined to give any testimony we would consider the sufficiency of the evidence then given. As, however, much evidence was afterwards introduced, the whole should be considered together.
The action was brought by the defendants in error to recover damages for the burning of a block of buildings. The fire was alleged to have been caused by sparks from the…
2Cited by6 opinions
- Lehigh Coal & Navigation Co. v. EvansSupreme Court of Pennsylvania · 1896
- Steele v. Rail & River Coal Co.Ohio Court of Appeals · 1927
- Phipps v. American Employers' InsuranceSuperior Court of Pennsylvania · 1935
- Allen v. Insurance Co. of North AmericaPennylvania Municipal Court, Philadelphia County · 1953
- Luck v. Commonwealth, Pennsylvania Court of Common Pleas, Perry County1901
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