Philadelphia & Reading Railroad v. Schultz
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, of Lehigh county: Of January Term 1879, No. 143. Case by Reuben Schultz against the Philadelphia and Reading Railroad Company to recover damages for injury done by fire to the woodland, rails and timber of the plaintiff, by sparks alleged to have been emitted from one of the locomotive-engines of defendant. The plaintiff’s woodland lies along the track of the Perldomen railroad, of which the defendant is the lessee.
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Error to the Court of Common Pleas, of Lehigh county: Of January Term 1879, No. 143. Case by Reuben Schultz against the Philadelphia and Reading Railroad Company to recover damages for injury done by fire to the woodland, rails and timber of the plaintiff, by sparks alleged to have been emitted from one of the locomotive-engines of defendant. The plaintiff’s woodland lies along the track of the Perldomen railroad, of which the defendant is the lessee. On the 11th of April 1876, this woodland was fired by sparks from the engine of what was known as the 10.30 passenger train. It appeared that…
1Opinion of the CourtJustice Gordon
Complaint is made by the plaintiff in error, defendant below, in that, though proof was made that the locomotive from which the plaintiff’s property was fired, was furnished with an approved spark arrester, yet the court submitted the question of negligence to the jury. This, however, was necessitated by the fact, that the testimony of the plaintiff was in serious conflict with the allegation above stated. It is indeed true, that a locomotive cannot be run without fire; that human ingenuity has not as yet devised any contrivance which will wholly arrest sparks; so, if these, now so important…
2Cited by7 opinions
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- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Van Steuben v. Central R. R.Supreme Court of Pennsylvania · 1896
- Byers v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
- Freeman v. NathanCourt of Appeals of Texas · 1912
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