Baylor v. Stevens

Citations

• 16 Pa. Super. 365
• 1901 Pa. Super. LEXIS 79

Syllabus

<p>Negligence — Pleading—Statement.</p> <p>In an action to recover damages for injuries caused by the alleged negligence of the defendant, the defendant cannot complain of the statement, where the trial develops the fact that he was prepared to meet all the allegations of the plaintiff, and the statement furnished him with the information which it was necessary for him to have of the ground upon which the plaintiff sought to recover, in order to prepare for and properly present his defense.</p> <p>Negligence — Setting fire to timber — Conflicting testimony.</p> <p>In an action to recover damages for the burning of timber alleged to have been caused by defendant’s negligence, the case is for the jury, where it appears that the defendant burnt logs and brush on his own land, and that two days thereafter fire was discovered in plaintiff’s timber adjoining defendant’s land, and the evidence as to the origin of the fire, as to the condition of the piles of refuse on defendant’s land, the direction of the wind, the precautions taken by defendant, and all other material questions is unusually contradictory in character.</p> <p>Negligence — Burning timber land — Measure of damages.</p> <p>In an action to recover damages for the alleged negligent burning of timber belonging to plaintiff, the measure of damages is the difference between the market value of the land with the timber upon it growing, before and after the fire.</p> <p>Negligence — Damages—Incompetent witnesses — Expert.</p> <p>In an action to recover damages for the alleged negligent burning of timber, a witness who was not acquainted with the land for several years prior to the fire, is not competent to testify as to the market value of the lands immediately before and after the fire.</p>