Bullock v. Baltimore & Ohio Railroad

Citations

• 235 Pa. 417
• 84 A. 421
• 1912 Pa. LEXIS 562

Syllabus

<p>Railroads — Negligence—Sparks—Case for jury — Damages.</p> <p>1. In an action against a railroad company to recover damages for the loss of crops and growing timber alleged to have been caused by sparks tbe case is for tbe jury, where there is testimony tending to show that tbe fire was caused by cinders of an unusual size and so large that they could not have escaped from tbe smoke stack of a properly equipped locomotive. In such a case if there was evidence that tbe plaintiff did not make a reasonable effort to extinguish tbe fire and save bis property, tbe question of his negligence is for tbe jury.</p> <p>2. In an action against a railroad company to recover damages for tbe loss of growing timber by fire from sparks, tbe measure of damages is not tbe value of the wood destroyed, but tbe injury to tbe plaintiff’s land as a whole by tbe destruction of tbe timber, if it appears that much of tbe timber was growing and not marketable and bad no value as wood.</p>