Legal Opinion

Campbell v. Brandywine Summit Kaolin & Feldspar Co.

Superior Court of Pennsylvania

Decided July 21, 1915No. Appeal, No. 26Published

Appeal, No. 26, October T., 1914, by plaintiff, from judgment of C. P. Chester Co., August T., 1911, No. 31, for deféndant n. o. v. in case of Sarah A. Campbell v. Brandywine Summit Kaolin and Feldspar Company. Trespass to recover damages for injuries to land caused by a fire alleged to have been negligently started by defendants workmen. Before Butler, J. The opinion of the Superior Court states the facts.

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Appeal, No. 26, October T., 1914, by plaintiff, from judgment of C. P. Chester Co., August T., 1911, No. 31, for deféndant n. o. v. in case of Sarah A. Campbell v. Brandywine Summit Kaolin and Feldspar Company. Trespass to recover damages for injuries to land caused by a fire alleged to have been negligently started by defendants workmen. Before Butler, J. The opinion of the Superior Court states the facts. See also Campbell v. Brandywine Summit Kaolin and Feldspar Company, 52 Pa. Superior Ct. 511. Error assigned was in ruling out the testimony of W. Smith Campbell, plaintiff’s husband. The…

1Opinion of the Court

Opinion By

Head, J.,

The opinion delivered by our Brother Henderson on the former appeal in this case — Campbell v. Brandywine, Etc., Co., 52 Pa. Superior Ct. 511 — pointed out the inherent weakness of the proof offered by the plaintiff to establish the responsibility of the defendant for her unfortunate loss. Because of that weakness this court reversed the judgment which had been entered in favor *211of the plaintiff after a verdict and remitted the record to the court below with direction to enter judgment for the defendant. Such judgment was accordingly entered.

In the course of the trial the…

2Cases cited4 opinions

  1. Greed v. Manufacturers' Light & Heat Co.Supreme Court of Pennsylvania · 1913
  2. Trexler v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1905
  3. Quigley v. Adams Express Co.Superior Court of Pennsylvania · 1905
  4. Campbell v. Brandywine Summit Kaolin & Feldspar Co.Superior Court of Pennsylvania · 1913

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