Huyett v. Philadelphia and Reading Railroad Company

• Decision Date: 01 July 1854
• Citation: 23 Pa. 373
• Parties: Huyett versus Philadelphia and Reading Railroad Company.
• Court: Pennsylvania Supreme Court

Page 373

23 Pa. 373

HuyettversusPhiladelphia and Reading Railroad Company.

Supreme Court of Pennsylvania.

ERROR to the Common Pleas of Berks county.

H. W. Smith, for plaintiff, insisted that the Company is liable for carelessness, and that there was evidence of carelessness that ought to have been left to the jury: New York v.Bailey, 2 Denio 433; Piggotv.Eastern Counties Railway Company, 54 E. C. L. R. 229; Aldridgev.Great Western Railway Company, 3 Man. & Gr. 515, 42E. C. L. R. 272; 1 Bl. Com. 431; 1 Salk. 13; 7 Harris 298; 2 Camp. 79; 13 Pet. 181; 2 Eng. C. L. & Eq. R. 360.

Strong and St. G. T. Campbell, contrà, relied on the cases of Railroad Companyv.Yeiser, 8 Barr 366, and Pennsylvania Railroadv. Heister, Id. 445, as showing that the defendants were not chargeable for such accidents, and argued that there was no evidence of carelessness: 10 Iredell 206; 5 Barb. S. C. R. 337; 8 Id. 379; 4 Harrington 252; 11 Met. 460; 13 Pick. 76; 21 Id. 146; 4 B. & Ad. 30.

The opinion of the Court was delivered by LOWRIE, J.

In the case of the Railroad Companyv. Yeiser, all the material principles of this cause are decided except one; and that has reference to what is sufficient evidence of carelessness on the part of a railroad company in case of a fire occasioned by sparks from their engines.

Whether, in this instance, it was caused by the carelessness of the defendants' servants, must be judged from the circumstances; and we think that the cases referred to by the plaintiff's counsel, show clearly enough that this question, under the evidence here, is within the province of the jury: see also1 Denio 91.

How is it possible for the Court to say, as matter of law, how many sparks, or how many fires caused by them, it takes to prove carelessness?How can the law declare, except as a deduction from facts found, what are sufficient spark-catchers?When we find fires started by a locomotive, at distances of 80 to 150 feet from the road, how can we say that that is no evidence of carelessness?It is a question of fact, whether the small sparks that escape through a good spark-catcher will ignite wood at such a distance.We see wooden houses, and lumber, and firewood, and shingles standing all along the very edge of railroads without being burnt; how can we say that the happening of several fires, all about the same time, along the line of the road, is no evidence of carelessness?

The company has paid for its right of way and for all the...