Kalbach v. Philadelphia & Reading Ry.

Opinion by

Mr. Justice Kephart,

Appellee’s grain warehouse and outbuildings at Rich-land were destroyed by fire. He notified the insurance company of the loss, stating the origin of the fire was unknown. In the proof of loss, he assigned its cause as “Unknown; probably mice, combustion or defective wiring” and settled with the insurance companies. This action was instituted afterwards. In the statement of claim he avers the fire was caused by sparks negligently emitted from one of defendant’s engines. A verdict was recovered, on which judgment was entered. There was no direct proof of…