257 Pa. 192 | Pa. | 1917
Opinion by
The plaintiff was the owner of a wheelwright shop located about half a square north of a point where the tracks of the defendant company cross at grade Frank-ford avenue, in the City of Philadelphia. About 12:45 p. m., on Saturday, September 18, 1909, a fire broke out underneath a shed in the yard adjoining the shop.. The fire department promptly responded to an alarm sent.it, and dispatched several fire engines to the scene of the
If the evidence submitted would have supported a finding of failure on part of the defendant’s employees to perform a manifest duty important to tbe plaintiff by way of preventing, the injury which be claims to bave sustained, tbe case should bave been submitted to tbe jury; otherwise the court was right in directing a non-suit. By the term “manifest duty” we mean a duty which it would be wilfulness or wantoness to disregard, as distinguished from a duty the nonobservance of which is to be referred to inattention or thoughtlessness. The former is always predicated on purpose or design, the latter never. If the employees of the defendant company knew when their several trains were approaching the crossing, that a fire was endangering ór destroying the plaintiff’s property but a half square distant, and that the use of the crossing by the railroad company for its own purpose would prevent the fire engines from reaching the scene of the fire and rendering timely service in extinguishing the fire, it would bave been a manifest duty resting on them to do whatever was reasonably
Again, it is quite as essential to a recovery that the plaintiff show that he sustained loss by and in consequence of what the party charged did, or failed to do. The detention of the fire engines was from ten to thirteen minutes. There is. not a suggestion in the testimony
We see no merit in the appeal. The judgment is affirmed.