
    POST TO USE OF LONDON ASSURANCE CORPORATION VS. BUFFALO, PITTS. & W. R. R. CO.
    Where lumber was burnt by sparks from an engine, separate actions against the railroad company for the damages caused thereby cannot be maintained by both the owner and an insurance company which paid part of the loss.
    Error to Common Pleas of Crawford County. No. 30 January Term, 1885.
    The facts of this case were the same as Post vs. Railroad Co.? reported 108 Pa. 585, but»the present case was brought .by S. Post and C. B. Post, trading as S. Post & Son to use of London Assurance Corporation, of London, England, vs. The Buflalo, Pittsburg and Western Railroad Company.
    
      Joshua Douglass and W. E. Marsh, Esqs. for plaintiffs in error.
    
      Messrs. Bole and Hancock, contra.
    
   The Supreme Court affirmed the judgment of the Common Pleas on March 9, 1885, in the following opinion per:

Paxson, J.

This suit is for the same cause of action as Post vs. Railroad Co., just decided, (108 Pa. 585.) It was brought to-the use of the Insurance Company which has paid a loss of $1,000 on the lumber destroyed. What was said iu the other case 'disposed of this. We may remark, however, that we are all of opinion that iu any event, only one suit could have been sustained.

Judgment affirmed.  