Carter v. Pennsylvania R.

Citations

• 120 F. 663
• 57 C.C.A. 125
• 1903 U.S. App. LEXIS 4520

Syllabus

<p>1. Railboads — Pibes—Evidence to Establish Negligence.</p> <p>Stock owned by plaintiff was burned, while in an open car owned by defendant railroad company and standing in its freight yards, by fire which caught in the straw bedding of the car, and it was shown that a number of defendant’s engines had passed on near-by tracks not long before the fire, some of which emitted, sparks in large quantity, which fell near the car. There was also evidence which tended to show that the fire could not have been caused in any other way. Held, that such evidence was sufficient to make a prima facie case for plaintiff, and to require a submission of the question of defendant’s negligence to the jury.</p>