Decker v. New York Central & Hudson River Railroad

Citations

• 57 Pa. Super. 432
• 1914 Pa. Super. LEXIS 216

Syllabus

<p>Negligence — Railroads—Burning of barn — Contributory negligence.</p> <p>1. In an action against a railroad company to recover damages for tile burning of a barn alleged to have been caused by the careless dumping of coals, fire and ashes from one of the defendant’s engines, the plaintiff will be adjudged guilty of contributory negligence as a matter of law, where it appears from his own evidence that he saw the defendant’s employees draw the fire near the barn, that the ground was dry, that there was dry litter and hay between the dump and the barn, that the wind was blowing from the fire towards the barn, that plaintiff saw the trainmen move away with the engine without extinguishing the fire and that he, himself, departed leaving the fire burning without any attempt to put it out or get any other person to do so.</p> <p>2. In such a case where the defendant produces evidence that a number of engines of another railroad company had passed near the barn during the two hours’ interval between the dumping of the ashes and the discovery of the fire at the barn, and there is no direct proof that the fire at the dump actually kindled the fire at the bam, it is reversible error for the court to refuse to charge that “if the jury find that there are other causes for which the defendant was not responsible which might just as well have produced the result complained of, and that there is an absence of direct proof as to the cause of the injury, there can be no recovery for the plaintiff.”</p> <p>Negligence — Railroads—Burning of barn — Lease—Covenant—“Assigns.”</p> <p>3. Where a railroad company leases land upon its right of way for the purpose of permitting the lessee to erect a building thereon for the purpose of storing hay, and the written lqase provides that the lessee shall assume all risk of loss by fire resulting from the operation of the railroad “operated by said lessor, its successors or assigns,” another railroad company which operated its trains on the rail