Thomas v. New York, Chicago & St. Louis Railroad

Citations

• 182 Pa. 538
• 41 W.N.C. 144
• 38 A. 413
• 1897 Pa. LEXIS 840

Syllabus

<p>Negligetice — Fires by sparks from locomotives — Province of court and jury ■ — Evidence.</p> <p>In an action against a railroad company to recover damages caused by fire set by sparks írom a locomotive, the case is lor the jury where the evidence for the plaintiff tends to show that the sparks which caused the fire were emitted from a particular locomotive; that the same engine, on the same day, and within a distance of three miles, set eleven other fires on farms adjoining or crossed by the railroad; that some of these fires were set by sparks thrown from three to four rods beyond the right of way, and that an engine provided with an improved spark arrester will not throw sparks that distance so as to cause fires.</p> <p>In an action to recover damages for injuries caused by the emission of sparks from a locomotive, it is proper to admit evidence to show that other fires were set by the same engine on the same day.</p>