Byers v. Baltimore & Ohio Railroad

Citations

• 222 Pa. 547
• 72 A. 245
• 1909 Pa. LEXIS 908

Syllabus

<p>Railroads — Sparks—Evidence—Burden of proof.</p> <p>In an action against a railroad company to recover for the destruction of property by fire from sparks, it devolves upon the plaintiff to prove by a preponderance of evidence that the fire was communicated by sparks or cinders from the railway engine. It need not be shown that any particular engine was at fault, but it will be sufficient if the fire is proved to have been set by any engine passing over defendant’s railway, and the evidence may be wholly circumstantial; as, first, that it was possible for fire to reach the plaintiff’s property from the defendant’s engines, and, second, facts tending to show that it probably originated from that cause, and from no other.</p> <p>In such a case where the plaintiff is suing for the destruction of a barn, the question of the defendant’s liability is for the jury, if there is evidence tending .to prove that it was possible for fire to reach the barn from defendant’s engine; that sparks as large as hickory nuts were seen escaping from a locomotive which passed just before the fire; that the wind blew towards the building; that a few moments before the fire the sound of something falling upon the porch of the house or porch roof was heard, and at least one cinder, hot and- smoking, was seen on the porch of the house, about as far from the track as the bam; that the fire was discovered on the shingle roof of the barn on the side next to the railroad, a few moments after the train had passed; and that the spark arrester on the engine in question, when examined two or three days afterwards, showed signs of fresh repair.</p> <p>In an action against a railroad company to recover for the destruction of property from the escape of sparks, the plaintiff may testify that he examined the engine which was alleged to have caused the fire, two or three days afterwards, and found that the spark arrester showed signs of fresh repair.</p> <p>In such a case where the plaintiff testifies