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· 10/28/1915

Cook v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.

Citations

  • 251 Pa. 198
  • 96 A. 475
  • 1915 Pa. LEXIS 657

Syllabus

<p>Negligence — Fire—Sparlcs from locomotive — Proximate cause— Gase for fury.</p> <p>In. an action against a railroad company to recover damages for the loss of property destroyed by fire alleged to have been caused by sparks from a locomotive owned by the defendant, the case was for the jury and a verdict and judgment for plaintiff will be sustained where there was evidence that the plaintiff’s building and other houses destroyed in the same fire were all located in close proximity in a small block and were all entirely of frame, with one exception; that the fire was caused by sparks emitted from defendant’s locomotive, which dropped into a pile of straw by a stable at the rear of one of the houses, and was communicated without interruption from one building to another until all were burning at the same time, and where it further appeared that all were burned to the ground within forty-five minutes from the time the fire was discovered.</p>

Judges: Brown, Frazer, Mosohzisker, Potter, Stewart

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