Sipe v. Pennsylvania Railroad

Citations

• 219 Pa. 210
• 68 A. 705
• 1908 Pa. LEXIS 546

Syllabus

<p>Practice, C. P. — Writ—Statement of claim — Variance—Assumpsit— Trespass — Demurrer—Pleading.</p> <p>Where an action has been brought in assumpsit, but the statement of claim sounds in damages for trespass to property by the wrongful act of the defendant, the variance cannot be taken advantage of by demurrer; nor can there be oyer of the writ.</p> <p>Arbitration — Compulsory arbitration — Production of testimony — Appeals — Act of June 16, 1836, P. L. 715.</p> <p>There is no provision in the compulsory arbitration Act of June 16, 1836, P. L. 715, denying the right of appeal to a party who has failed to appear before the arbitrators; and it seems that such right has not been denied in any subsequent statute.</p> <p>Negligence — Waters—Injury to dam — Deposit of debris — Evidence— Burden of proof.</p> <p>In an action against a railroad company to recover damages for the alleged negligent deposit of debris in plaintiff’s dam, resulting from the construction of bridges in the stream above the dam, the burden of proof is upon the plaintiff to show what portion of the deposit was due to the construction of the bridges, and what portion was caused by floods, or sediment that naturally came down the stream, or was accumulated in the course of years from sources other than the acts of the defendant. In such a case it is reversible error for the court to fail to distinguish in its charge between the injury resulting from the wrongful acts of the defendant, and that which resulted from natural causes.</p>