Brillinger v. Northern Central Railway

Citations

• 229 Pa. 182
• 78 A. 88
• 1910 Pa. LEXIS 569

Syllabus

<p>Negligence — Railroads—Loss by fire — Sparks—Evidence.</p> <p>1. In an action against a railroad company to recover for loss by fire, from sparks, the case is for the jury, where there is testimony tending to show that a few minutes before the fire was discovered the defendant ran an engine on a siding within a few feet of plaintiff’s building and because of the engineer’s carelessness, sparks of a size too large to escape through a proper spark arrester were thrown upon the building, setting it on fire.</p> <p>Practice, C. P. — Appeals—Variance—Allegata and probata.</p> <p>2. After a trial on its merits a judgment will not be reversed because of a variance which was not questioned at the trial, and which did the defendant no harm and could have been cured by amendment if attention had been called to it.</p>