Bartolet v. McAdoo

Citations

• 74 Pa. Super. 29
• 1920 Pa. Super. LEXIS 83

Syllabus

<p>Negligence — Railroads—Vires—Sparhs—Proximate cause.</p> <p>In an action against the director general of railroads for damages caused by the burning of a barn, it appeared that according to the evidence of the plaintiff, a fire was discovered by defendant’s employees in the plaintiff’s field at a point 15 to 90 feet from the tracks. After the fire in the field had been extinguished another in a barn about 420 feet from the defendant’s right-of-way and across a public road was discovered. There was no affirmative evidence that the fire from the field was communicated to the bam, and it was not contended that sparks reached the bam directly from the engine passing 420 'feet away. Under such circumstances, the negligence of the defendant was not the proximate cause of the burning of the barn, and it was not error for the lower court to enter judgment non obstante veredicto.</p> <p>Keller, J., dissents.</p>