Legal Opinion

Brillinger v. Northern Central Railway

Supreme Court of Pennsylvania

Decided July 1, 1910No. Appeal, No. 6PublishedCited by 2 opinions

Appeal, No. 6, Jan. T., 1910, by defendant, from judgment of C. P. York Co., Aug. T., 1908, No. 73, on verdict for plaintiffs in case of Horace Brillinger and Robert F. S.wartz, trading as Brillinger & Swartz, for their own use and the use of the Spring Garden Mutual Fire Insurance Company et al., v. Northern Central Railway Company. Trespass for damages resulting from a fire. Before Wanner, J. The facts appear in the opinion of the Supreme Court.

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Appeal, No. 6, Jan. T., 1910, by defendant, from judgment of C. P. York Co., Aug. T., 1908, No. 73, on verdict for plaintiffs in case of Horace Brillinger and Robert F. S.wartz, trading as Brillinger & Swartz, for their own use and the use of the Spring Garden Mutual Fire Insurance Company et al., v. Northern Central Railway Company. Trespass for damages resulting from a fire. Before Wanner, J. The facts appear in the opinion of the Supreme Court. Error assigned among others was refusal to give binding instructions for defendant.

1Opinion of the Court

Per Curiam,

This was an action to recover for the loss of merchandise destroyed by fire alleged to have been caused by sparks and cinders negligently permitted to escape from the smokestack of the defendant’s engine. The main contention in behalf of the appellant is that there was no adequate proof of negligence. There was testimony tending to show that a few minutes before the fire was discovered, the defendant ran an engine on a siding that was within a few feet of the plaintiff’s building and because of the careless manner in which it was managed by the engineer, sparks and cinders, unusual…

2Cases cited1 opinion

  1. Byers v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909

3Cited by2 opinions

  1. Simplex Steel Products Co. v. GolemanSuperior Court of Pennsylvania · 1938
  2. Emig v. Northern Central Railway Co.Superior Court of Pennsylvania · 1910

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