Supreme Court of Pennsylvania, 1878

Pennsylvania Railroad v. Miller

Supreme Court of Pennsylvania · Decided October 21, 1878 · Agnew, Gordon, Mercur, Paxson, Trunkey, Woodward

87 Pa. 395; 1878 Pa. LEXIS 185

Cases that cite this one

8 later published cases cite this decision.

Pennsylvania R. v. Raiordon (Pa. 1888)
Colorado Springs & Interurban Railway Co. v. Reese (Colo. 1917)
Stewart v. Baltimore & Ohio Railroad (Pa. Super. Ct. 1908)
Rhymer v. Delaware, Lackawanna & Western Railroad (Pa. Super. Ct. 1905)
Crary v. Lehigh Valley Railroad (Pa. 1902)
McCafferty v. Pennsylvania Railroad (Pa. 1899)
Willock v. Pennsylvania R. R. (Pa. 1895)
Fairchild v. Philadelphia, Wilmington & Baltimore R. R. (Pa. 1892)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The judgment of the Supreme Court was entered

Per Curiam.

The fact was clear on the trial that the railroad company not only failed to give the plaintiffs any account of the fire, how, when and where it had occurred, but compelled the husband to go in search of the information himself, causing him trouble and expense. They therefore rested their case upon a fact clearly made out, which could be repelled only by satisfactory evidence on part of the company. But the giving of evidence by the defend*399ant, did not ipso facto repel the presumption of negligence. It was a question for the jury whether the evidence satisfactorily accounted for the fire, and also for the conduct of the defendants towards the plaintiffs, for the latter bore on the credibility of the evidence of the former. The jury found against the defendants on the facts.

Finding no error, the judgment is affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.