Creasy v. Pennsylvania Railroad

Citations

• 57 Pa. Super. 149
• 1914 Pa. Super. LEXIS 166

Syllabus

<p>Railroad — Negligence—Fire from sparks — Evidence—Damages.</p> <p>1. In an action against a railroad to recover damages for injuries resulting from fire caused by sparks, where the evidence for the plaintiff shows that it was not practicable to identify the engine from which the sparks were thrown which caused the fire, evidence is competent to prove that the defendant’s locomotives generally, or many of them, at or about the time of the occurrence threw cinders of unusual size and kindled fires on that part of the railroad.</p> <p>2. In such a case a witness for plaintiff may give his opinion that certain cinders which he had seen and described would not pass through a spark arrester properly constructed and in good repair, if it appears that such witness had been engaged in railroad work for nine years, had worked in railroad shops for two years, had assisted in taking apart and putting together two engines, had been a fireman, had operated a locomotive and was familiar with the use of spark arresters.</p> <p>3. In an action against a railroad to recover damages resulting from escaping sparks, plaintiff may prove the value of standing timber which had been destroyed as bearing upon the difference between the market value of the property injured before and after the fire.</p>