Ranck v. Robeson Township

Citations

• 73 Pa. Super. 290
• 1919 Pa. Super. LEXIS 228

Syllabus

<p>Negligence — Municipalities—Townships—Steam, rollers — Fires —Case for fury.</p> <p>A township is liable for the negligence of its employees in operating a traction engine in such a manner as to cause damage to adjacent property.</p> <p>In an action against a township to recover damages for injuries to farm buildings, caused by fire alleged to have been started from sparks from a steam roller used on a public highway near plaintiff’s land, the case is for the jury and a verdict for plaintiff will be sustained, where the evidence shows that the roller was used on a public highway by defendant’s employees on the afternoon of the day when the fire occurred; and that within a short time, after passing the property of plaintiff, the roof of a wagon shed was discovered to be on fire; that the roller was propelled along the high-' w-y on an ascending grade, and that it had no spark arrester or other guard against the emission of sparks.</p> <p>Although the absence of a spark arrester is not in itself evidence of negligence, it may be a factor in determining whether or not negligence on the part of the owner of the roller existed under given circumstances. The township supervisors, as well as their agents, were bound to know and guard against ordinary dangers incident to the use of a machine of this nature.</p>