Mostoller v. Somerset Township

Citations

• 67 Pa. Super. 400
• 1917 Pa. Super. LEXIS 415

Syllabus

<p>' Negligence — Townships—Fire—Sparh from traction roller.</p> <p>A township is liable for the negligence of its employees in permitting--a -traetioii roller to emit sparks so as to burn-property.</p> <p>In an action against a township to recover damages for injury to a farm alleged to have been communicated by sparks from a traction roller used on a public highway near plaintiff's .land, a verdict and judgment for plaintiff will be sustained where the evidence shows that the roller was used on a public highway by defendant’s employees on the forenoon of the day when the fire occurred; that the roller was without a spark arrester; that coal was used for fuel; that the roller was propelled along the highway on an ascending grade; that in one place a spark thrown out ignited combustible material along the road; that this fire was extinguished by one of the men operating the machine; that a high wind prevailed; that there was much combustible material on the land adjoining the road; that there was little travel on the highway on this particular forenoon; and that no other cause for the fire was shown.</p> <p>In such a case it is not error to refuse to submit to the jury the question of plaintiff’s contributory negligence, where there is nothing to show that he could have extinguished the fire before it came on to his land.</p>