Stephenson v. Pennsylvania Railroad
Superior Court of Pennsylvania
Appeal, No. 133, Oct. T., 1901, by defendants, from order of C. P. Chester Co., Aug. T., 1900, No. 55, on verdict for plaintiff in case of Caroline M. Stephenson v. Pennsylvania Railroad Company. Trespass to recover damages for loss occasioned by burning of plaintiff’s woodland.
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Appeal, No. 133, Oct. T., 1901, by defendants, from order of C. P. Chester Co., Aug. T., 1900, No. 55, on verdict for plaintiff in case of Caroline M. Stephenson v. Pennsylvania Railroad Company. Trespass to recover damages for loss occasioned by burning of plaintiff’s woodland. Before Butler, J. At the trial the plaintiff produced evidence which tended to show that the defendant had permitted combustible rubbish to accumulate on its right of way, and that a fire was started from this rubbish by sparks from an engine resulting in the burning of plaintiff’s woodlands. The court charged in part…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of trespass for damages alleged to have been sustained by reason of the burning of standing timber on a tract of woodland belonging to the plaintiff, negligently fired by the locomotive engines of the defendant company. The piece of woodland lies to the south of the railroad, and between it and the railroad is a narrow strip of sprout land from fifty-eight to sixty-five feet in width owned by the defendant. The distance from the edge of this sprout land to the edge of the bluff caused by the railroad cut at that point is from ten to seventeen feet,…
2Cases cited11 opinions
- Yoders v. Amwell TownshipSupreme Court of Pennsylvania · 1896
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- Thomas v. Central RailroadSupreme Court of Pennsylvania · 1900
- Morrison v. Davis & Co.Supreme Court of Pennsylvania · 1853
- O'Neill v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Elder Township School District v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1904
- Brown v. Towanda BoroughSuperior Court of Pennsylvania · 1904
- Shaughnessy v. PittsburgSuperior Court of Pennsylvania · 1902
- Badman v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910
- Hunter v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1911
5 more not listed; retrieve them via the Exa API.