Hunter v. Pennsylvania Railroad

Citations

• 45 Pa. Super. 476
• 1911 Pa. Super. LEXIS 71

Syllabus

<p>Railroads—Negligence—Fire from sparks—Contributory negligence— Evidence.</p> <p>In an action against a railroad company to recover damages for the destruction of woodland by sparks negligently emitted from a locomotive, plaintiff is guilty of contributory negligence as a matter of law, where the evidence shows that he saw the fire soon after it started on the railroad company’s right of way abutting on another person’s property, and made no effort to extinguish it, or to induce anybody else to extinguish it until two days afterwards when the fire reached his own land; and it is no excuse for him that he was driving a young team at the time, if it appears that he could easily have driven the team to his own barn, which was not far away, and could have, at least, made an effort to put out the fire.</p>