Legal Opinion

Thomas, Roberts, Stevenson Co. v. Thomas, Roberts, Stevenson Co.

Supreme Court of Pennsylvania

Decided February 26, 1917No. Appeals, Nos. 101 and 102PublishedCited by 5 opinions

Appeals, Nos. 101 and 102, Jan. T., 1916, by plaintiffs, from judgments of C. P. No. 5, Philadelphia Co., March T., 1914, Nos. 1225 and 1226, on verdicts for defendant, in cases of Thomas, Roberts, Stevenson Company and Abram Cox Stove Company v. Philadelphia & Reading Railway Company. Trespass to recover damages for the destruction of plaintiffs’ property by fire. Before Ralston, J. The opinion of the Supreme Court states the facts.

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Appeals, Nos. 101 and 102, Jan. T., 1916, by plaintiffs, from judgments of C. P. No. 5, Philadelphia Co., March T., 1914, Nos. 1225 and 1226, on verdicts for defendant, in cases of Thomas, Roberts, Stevenson Company and Abram Cox Stove Company v. Philadelphia & Reading Railway Company. Trespass to recover damages for the destruction of plaintiffs’ property by fire. Before Ralston, J. The opinion of the Supreme Court states the facts. Verdicts for defendant and judgments thereon. Plaintiffs appealed. Errors assigned were rulings on evidence and instructions to the jury.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The Abram Cox Stove Company was the owner of a manufacturing plant in the City of Philadelphia, adjoining the tracks of the defendant railway; part of this property was leased to and occupied by the Thomas, Koberts, Stevenson Company. On November 12, 1912, while a wagon filled with excelsior was being unloaded onto a platform, at the side of a building belonging to the premises in question, the plaintiffs allege that a passing locomotive of the defendant company negligently emitted a shower of hot sparks, which fell upon and ig-. nited the excelsior, causing…

2Cases cited4 opinions

  1. Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
  2. Girard Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1915
  3. Shelly v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1905
  4. Oakdale Baking Co. v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1914

3Cited by5 opinions

  1. Casey v. SicilianoSupreme Court of Pennsylvania · 1932
  2. Commonwealth v. CravenSuperior Court of Pennsylvania · 1939
  3. Wall v. LittleSupreme Court of Florida · 1931
  4. Commonwealth v. GuscioraSuperior Court of Pennsylvania · 1951
  5. Kalbach v. Philadelphia & Reading Ry.Supreme Court of Pennsylvania · 1923

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