Campbell v. Brandywine Summit Kaolin & Feldspar Co.
Superior Court of Pennsylvania
Appeal, No. 29, Oct. T., 1912, by defendant, from judgment of C. P. Chester Co., Aug. Term, 1911, No. 31, on verdict for plaintiff in case of Sarah A. Campbell v. The Brandywine Summit Kaolin and Feldspar Company. Trespass to recover damages for the burning of a house. Before Butler, J. The opinion of the Superior Court states the facts. Verdict and judgment for plaintiff for $900. Defendant appealed.
Read the full summary
Appeal, No. 29, Oct. T., 1912, by defendant, from judgment of C. P. Chester Co., Aug. Term, 1911, No. 31, on verdict for plaintiff in case of Sarah A. Campbell v. The Brandywine Summit Kaolin and Feldspar Company. Trespass to recover damages for the burning of a house. Before Butler, J. The opinion of the Superior Court states the facts. Verdict and judgment for plaintiff for $900. Defendant appealed. Errors-assigned were in refusing binding instructions for defendant, and in refusing motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s house was burned March 21, 1911. It was located on the opposite side of a public road from a large tract of rough and barren land owned by the defendant on which a fire originated on the morning of that day which burned over a considerable part of the tract. The plaintiff’s allegation was that her house was ignited by sparks carried by the wind from the defendant’s land. *513Responsibility for the loss was charged against the defendant by evidence that the defendant operated a quarry on its land at which men were employed; that in the prosecution of their…
2Cases cited2 opinions
- Philadelphia City Passenger Railway Co. v. HenriceSupreme Court of Pennsylvania · 1880
- Warren v. UlrichSupreme Court of Pennsylvania · 1889
3Cited by2 opinions
- Campbell v. Brandywine Summit Kaolin & Feldspar Co.Superior Court of Pennsylvania · 1915
- Pregrad v. Ocean Coal Co., Pennsylvania Court of Common Pleas, Westmoreland County1929