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· 4/17/1916

Mitchell v. Northern Central Railroad

Citations

  • 253 Pa. 375
  • 98 A. 616
  • 1916 Pa. LEXIS 847

Syllabus

<p>Negligence — Railroads—Fires—Sparlcs —.Locomotives — Proximate cause — Case for jury.</p> <p>Where in an action against a railroad company to recover for the destruction by fire of plaintiff’s dwelling house, it appeared that the fire was communicated from a barn in close proximity to railroad tracks, that immediately before the bam caught fire, a locomotive had passed throwing out great quantities of sparks of a larger size than could have passed through a spark-arrester .in proper condition, and that there was no other probable cause of the fire, the case was for the jury and a verdict and judgment for 'plaintiff was sustained.</p>

Judges: Frazer, Mestrezat, Moschzisker, Potter, Stewart

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