Legal Opinion

Dunning v. Maine Central Railroad

Supreme Judicial Court of Maine

Decided December 20, 1897PublishedCited by 46 opinions

On Motion and Exceptions by Dependant. This was an action on the case to recover for the loss of the ice houses, and other property therein, formerly belonging to the Katahdin Ice Company, and situate in Bangor between the track of the defendant company and the Penobscot river at High Head.

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On Motion and Exceptions by Dependant. This was an action on the case to recover for the loss of the ice houses, and other property therein, formerly belonging to the Katahdin Ice Company, and situate in Bangor between the track of the defendant company and the Penobscot river at High Head. The case was tried to a jury in the court below, sitting in Penobscot count}7; and it was agreed that.the case should be submitted to the jury upon the single question of the -defendant's liability, with the understanding that if there was a verdict for the plaintiff, it was to be heard by Mr. Justice…

1Opinion of the CourtSavage, J.

Action on the case to recover for the loss of property by fire alleged to have been communicated by a locomotive engine of the defendant corporation. The case comes up on a motion for a new trial, and on exceptions. The entire evidence and the charge of the presiding justice are made a part of the bill of exceptions. The plaintiff’s claim is based solely upon the statute, R. S., c. 51, § 64, which provides that “when a building or other property is injured by fire communicated by a locomotive *96engine, the corporation using it is responsible for such injury.” No question of negligence on the…

2Cases cited7 opinions

  1. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  2. Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
  3. Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  4. Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
  5. Ireland v. Cincinnati, Wabash & Michigan RailroadMichigan Supreme Court · 1890

2 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Old Chief v. United StatesSupreme Court of the United States · 1997
  2. United States v. James Pedroza, Francisco C. Pelaes, Jose Perez, and Enrique Jesus OsornoCourt of Appeals for the Second Circuit · 1984
  3. Fuentes v. TuckerCalifornia Supreme Court · 1947
  4. Wyman Hulan Parr v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  5. State v. AlexanderWisconsin Supreme Court · 1997

41 more not listed; retrieve them via the Exa API.

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