Commercial Ice Co. v. Philadelphia & Reading Railway Co.

Citations

• 197 Pa. 238
• 47 A. 205
• 1900 Pa. LEXIS 728

Syllabus

<p>Negligence—Railroads—Evidence—Ice pond— Oil.</p> <p>In an action by the owner of an ice pond against a railroad company to recover damages for the destruction of the ice upon the pond, there is no error in giving binding instructions for defendant where the evidence shows that an oil tank car containing 6,000 gallons of oil having been derailed without fault of the defendant, oil from the car ran through a break in the tank at the rate of two gallons a minute, and found its way into a stream flowing into plaintiff’s pond; that defendant used every effort to pump the oil from the ear into another ear without success, and at the end of ten or eleven hours from the time of the accident, opened the valve at the bottom of the tank and let the remaining oil run out.</p>