Confer v. New York etc. R. Co.

Citations

• 146 Pa. 31
• 23 A. 202
• 1892 Pa. LEXIS 1188

Syllabus

<p>(a) Sparks from defendant’s locomotive set fire to a car that had been used for carrying tar and left on a switch by defendant. The fire was thence communicated to an oil tank, thirty-six feet distant, a part of the plaintiff’s oil refinery, whereby almost the entire plant was destroyed.</p> <p>1. In an action for negligence, the court could not have ruled as matter of law that the plaintiff was guilty of contributory negligence in erecting his oil tank where he did. Under the evidence, the questions of negligence, and of proximate and remote cause, were properly submitted to the jury.</p>