Pennsylvania Superior Court Reports Volume 16

Pennsylvania Superior Court Reports Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...this fire communicated to his timber land adjoining that of the defendant and burned over a tract of 200 or 250 acres, destroying to a great extent the growing timber and injuriously affecting the value of his property. He brought suit in trespass against the defendant, and in his statement alleged " that the defendant unlawfully, negligently and carelessly set fire to certain logs and timber upon said tract of land adjoining the said tract of land of the said plaintiff as aforesaid, causing the same to catch fire and to communicate with the growing timber upon the said lands of the defendant, which said fire spread to such extent that it communicated with and burned the timber being then and there upon the said lands of the said plaintiff." The defendant, at the close of the plaintiff's testimony, asked for a nonsuit, and, at the close of the trial, asked for the affirmation of a point, " that, under the pleadings and evidence in this case, the verdict must be for the defendant." This was refused, the question of the defendant's liability being submitted to the jury.. 1. The court, therefore, held the statement sufficient, .which, it is strenuously argued, was error. As we understand the plaintiff's contention, he does 11ot deny the right of the defendant to fire the piles of refuse logs and brush upon his cleared land, but insists that these fires were so carelessly managed that the fire from them communicated to the defendant's own standing timber in the immediate vicinity, and that the fire so communicated spread in such a way as to reach the lands of the plaintiff and destroy their value as timber lands. This is in substantial accord with the statement, the material part of which we...
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Product details

  • Paperback | 292 pages
  • 189 x 246 x 15mm | 526g
  • United States
  • English
  • black & white illustrations
  • 1236801083
  • 9781236801081