Smith v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.

Citations

• 210 Pa. 345

Syllabus

<p>Negligence—Railroads—Contributory negligence—Explosion of naphtha— Case for jury.</p> <p>In an action against a railroad company to recover damages for personal injuries it appeared that through an accident in defendant’s yard a number of tank cars containing a large quantity of naphtha wore set on fire. This fire was communicated to other cars and there was an extensive and disastrous conflagration which lasted several hours. Three hours after the fire started there was an explosion which threw burning naphtha beyond the limits of the yard and on to the street where the plaintiff was walking. The plaintiff testified that he had come from his home on the opposite side of a river because of his apprehension that the fire might spread and extend to the house of his sister. Having assured himself of her safety he started at once to return to his home by the way he came. Not finding a car he walked on until one should overtake him. When he was opposite the place where the cars were burning and forty feet above and 260 feet from them, the explosion occurred. At this time the ordinary travel on the avenue had not stopped and the electric cars were running as usual. The employees of the railroad company and of the fire department were working in the yard within twenty or thirty feet of the cars. Held, that the ease was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>