Bartolet v. McAdoo
Superior Court of Pennsylvania
Appeal, No. 214, Oct. T., 1919, by plaintiff, from judgment of C. P. Schuylkill County, Sept. T., 1918, in favor of defendant non obstante veredicto in the case of Andrew M. Bartolet v. William G. McAdoo, Director General of Railroads, Sept. T., 1918, No. 112. Trespass to recover damages for the burning of a barn. Before Bechtel, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 214, Oct. T., 1919, by plaintiff, from judgment of C. P. Schuylkill County, Sept. T., 1918, in favor of defendant non obstante veredicto in the case of Andrew M. Bartolet v. William G. McAdoo, Director General of Railroads, Sept. T., 1918, No. 112. Trespass to recover damages for the burning of a barn. Before Bechtel, P. J. The facts are stated in the opinion of the Superior Court. The jury rendered a verdict in favor of the plaintiff for $1,400. Subsequently the court entered judgment for the defendant non obstante veredicto. Plaintiff appealed. Error assigned was the judgment of…
1Opinion of the Court
Opinion by
Linn, J.,
The single assignment of error complains that the court entered judgment for defendant notwithstanding the verdict for plaintiff, in a suit brought to recover damages resulting from the destruction of a barn or hay shed by fire alleged to have been caused by sparks emitted by the negligent operation of defendant’s locomotive. The court followed Railroad Co. v. Kerr, 62 Pa. 353, saying after a long discussion of the subject: “...... since it has been held that the authority of that case has not been impaired on the facts contained therein, we feel constrained to apply the…
2Cases cited3 opinions
- Philadelphia City Passenger Railway Co. v. HenriceSupreme Court of Pennsylvania · 1880
- Pennsylvania Railroad v. KerrSupreme Court of Pennsylvania · 1870
- Welsh v. Erie & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1897
3Cited by2 opinions
- Propert v. FlanaganSupreme Court of Pennsylvania · 1923
- Shore Service, Inc. v. Philadelphia Rural Transit Co.Superior Court of Pennsylvania · 1929