Batchelder v. Bartholomew
Supreme Court of Connecticut
Case for an injury to the property of the plaintiff by the negligence of the defendants, who were trustees,' of the Hartford, Providence & Fishkill Railroad, and as such were operating the road; brought to the Superior Court in'New London County. The defendants suffered a default and the. case was heard in damages.
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Case for an injury to the property of the plaintiff by the negligence of the defendants, who were trustees,' of the Hartford, Providence & Fishkill Railroad, and as such were operating the road; brought to the Superior Court in'New London County. The defendants suffered a default and the. case was heard in damages. Upon the hearing the court found the following facts; The defendants, while running a train of cars over their railroad, communicated fire to the wood-land of the plaintiff by means of sparks from their locomotive engine, and about seventy acres of land, covered to a great extent…
1Opinion of the CourtPardee, J.
In 1876 a locomotive engine in the use of the •defendants communicated fire to the plaintiff’s woodland, destroying trees, wood and fences of the value of $400; he brought an action for the recovery of damages, alleging that the defendants’ negligence occasioned his loss; they suffered a default and asked to be heard in damages; the court made the inquiry; upon the hearing, for the purpose of preventing the plaintiff from recovering a judgment for more than nominal damages, the defendants offered evidence to prove that *501they were not guilty of any negligence in the use of the engine; to the…
2Cases cited3 opinions
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1859
- Carey v. DaySupreme Court of Connecticut · 1869
- Merriam v. City of MeridenSupreme Court of Connecticut · 1875
3Cited by3 opinions
- Travelers Indemnity Co. v. RubinSupreme Court of Connecticut · 1988
- Kloter v. Carabetta Enterprises, Inc.Supreme Court of Connecticut · 1982
- Crane v. Eastern Transportation LineSupreme Court of Connecticut · 1880