Derminer v. New York Central & Hudson River Railroad

Citations

• 42 Pa. Super. 538
• 1910 Pa. Super. LEXIS 375

Syllabus

<p>Railroads — Fire from sparks — Evidence—Negligence—Case for jury.</p> <p>1. Recovery may be had from a railroad company for the destruction of property by fire from sparks, on circumstantial evidence only, and where it is not shown by direct testimony that any particular engine emitted the sparks, nor that any of the engines were defectively constructed.</p> <p>2. In an action against a railroad company to recover damages for injuries to woodland alleged to have been caused by three fires from sparks within a couple of weeks, the case is for the jury where the evidence shows that defendant permitted an accumulation of dry combustible brush and other material on its right of way, and the witnesses for the plaintiff testify that on the occasion of each fire they were in close view of the premises, immediately preceding the passing of engines and that there was no fire within their range of vision; but that within a few minutes after the passing of an engine the fire was seen in close proximity to the railroad tracks from whence it was communicated to the woodland.</p>