Legal Opinion

Florence v. Delaware, Lackawanna & Western Railroad

Supreme Court of Pennsylvania

Decided June 30, 1917No. Appeal, No. 79PublishedCited by 7 opinions

Appeal, No. 79, Jan. T., 1917, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1912, No. 681, on verdict for plaintiff, in case of James C. Florence v. The Delaware, Lackawanna and Western Railroad Company. Trespass to recover damages for the destruction of plaintiff’s buildings by fire. Before O’Boyle, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,500, and judgment thereon.

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Appeal, No. 79, Jan. T., 1917, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1912, No. 681, on verdict for plaintiff, in case of James C. Florence v. The Delaware, Lackawanna and Western Railroad Company. Trespass to recover damages for the destruction of plaintiff’s buildings by fire. Before O’Boyle, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $2,500, and judgment thereon. Defendant appealed. were answers to points, instructions to the jury and the refusal of the court to direct a verdict for defendant. There was not sufficient evidence that…

1Opinion of the Court

Opinion by

Mb. Justice Fbazeb,

Defendant appeals from a verdict and judgment for plaintiff for loss of farm buildings by fire alleged to have resulted from sparks negligently emitted from one of defendant’s locomotives. Tbe principal questions raised by tbe assignments óf error are tbe sufficiency of tbe evidence to warrant tbe jtiry in. finding tbe fire was in fact due to tbe cause alleged, and whether defendant was negligent either in tbe equipment or operation of its engine.

In cases of this character there are three means by which negligence of defendant can arise :■ (1) from an inefficient…

2Cases cited4 opinions

  1. Knickerbocker Ice Co. v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
  2. Gaullagher v. CaldwellSupreme Court of Pennsylvania · 1853
  3. John Hancock Ice Co. v. Perkiomen RailroadSupreme Court of Pennsylvania · 1909
  4. Badman v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910

3Cited by7 opinions

  1. Ertel v. McCloskeySuperior Court of Pennsylvania · 1950
  2. First N. Bk. of Bangor v. Bangor Tr. Co.Supreme Court of Pennsylvania · 1929
  3. United States Lines Company v. EJ Lavino & CompanyDistrict Court, E.D. Pennsylvania · 1961
  4. Rice v. ShenkSupreme Court of Pennsylvania · 1928
  5. Solberg v. Minneapolis Willys-Knight Co.Supreme Court of Minnesota · 1929

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