Wagener v. Philadelphia & Reading Railway Co.

Citations

• 235 Pa. 559
• 84 A. 576
• 1912 Pa. LEXIS 588

Syllabus

<p>Railroads — Sparks—Negligence—Spark-arrester.</p> <p>In an action against a railroad company to recover damages for the burning of plaintiff’s farm buildings, where it is undisputed that tbe fire was caused by sparks thrown out by a particular locomotive, tbe case is for tbe jury and a verdict and judgment for tbe plaintiff will be sustained, where it appears that there was a spark-arrester of an approved pattern on the locomotive; that this spark-arrester was of a type adapted to tbe use of anthracite coal; that tbe company permitted and directed its employees to use for firing the engine soft coal with anthracite in proportion of one to ten; that tbe spark-arrester was adequate for the mixture; that tbe anthracite and soft coal were not supplied to the engine, already mixed in that proportion, but separately side by side, so that the engineer had the opportunity to mix them in any proportions which pleased him; that in order to get up steam quickly and get more power it would be convenient for him to use a greater proportion of soft coal in the mixture; that just before the burning the engine in question was started with a load up grade and around a curve, and that it was puffing and laboring and throwing out smoke, although owing to the time of day sparks were not actually visible.</p>