Legal Opinion

Decker v. New York Central & Hudson River Railroad

Superior Court of Pennsylvania

Decided July 15, 1914No. Appeal, No. 3PublishedCited by 8 opinions

Appeal, No. 3, Feb. T., 1914, by defendant, from judgment of C. P. Tioga Co., May Term, 1911, No. 222, on verdict for plaintiff in case of Ambrose It. Decker v. New York Central & Hudson River Railroad Company. Trespass to recover damages for personal injuries. Before Cameron, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 3, Feb. T., 1914, by defendant, from judgment of C. P. Tioga Co., May Term, 1911, No. 222, on verdict for plaintiff in case of Ambrose It. Decker v. New York Central & Hudson River Railroad Company. Trespass to recover damages for personal injuries. Before Cameron, P. J. The facts are stated in the opinion of the Superior Court. Defendant’s points were as follows: 2. If the jury find from all the evidence in the case that there is as reasonable a probability that the property for which this action is brought was destroyed from a cause other than the one complained of, there can be…

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff brought this action to recover damages for the destruction by fire of a building with its contents, alleging that said fire was caused by the negligence of the employees of the defendant company. He recovered a verdict and judgment in the court below and the defendant appeals.

The plaintiff averred in his statement that the building in question was located upon lands of the Erie Railroad Company, in the borough of Mansfield; that the defendant “has right of trackage for certain trains, cars and locomotives belonging to and operated by said defendant, over the…

2Cases cited8 opinions

  1. McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
  2. Haverly v. State Line R.Supreme Court of Pennsylvania · 1890
  3. Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
  4. Chrystie v. . PhyfeNew York Court of Appeals · 1859
  5. Stringert v. Township of RossSupreme Court of Pennsylvania · 1897

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3Cited by8 opinions

  1. Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
  2. National Transit Co. v. DavisCourt of Appeals for the Third Circuit · 1925
  3. Propert v. FlanaganSupreme Court of Pennsylvania · 1923
  4. Thompson v. DeLongSupreme Court of Pennsylvania · 1920
  5. Payne v. National Transit Co.District Court, W.D. Pennsylvania · 1921

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