Brisbane v. . Pennsylvania R.R. Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial denartment, entered December 2, 1910, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial denartment, entered December 2, 1910, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The complaint in this action alleges that the defendant, a foreign corporation, had so negligently and carelessly managed a fire which it intentionally kindled and maintained in a certain locomotive that it caused to pass over its railroad that the said fire came into and upon the plaintiff’s premises in the town of Allaire,…
1Opinion of the Court
Cullen, Ch. J.
The authorities in the highest courts of this state are uniform to the effect that our courts have no jurisdiction of an action for damages for injuries to real estate lying without the state, and the latest decisions are quite recent. (Watts’ Admrs. v. Kinney, 23 Wend. 484; S. C., 6 Hill, 82; American Union Tel. Co. v. Middleton, 80 N. Y. 408; Cragin v. Lovell, 88 id. 258; Dodge v. Colby, 108 id. 445.) It was so held by Chief Justice Marshall in Livingston v. Jefferson (1 Brock. 203), where he decided that an action could not be maintained in Virginia for trespass upon lands in…
2Cases cited10 opinions
- Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Allin v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1890
- Watts' Administrators v. KinneyNew York Supreme Court · 1840
- Barney v. BurstenbinderNew York Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Waisikoski v. Philadelphia & Reading Coal & Iron Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Jernigan v. Teledyne ExplorationSupreme Court of Alabama · 1983
- Taylor v. Sommers Bros. MatchIdaho Supreme Court · 1922
- Van Ommen v. HagemanSupreme Court of New Jersey · 1924
4 more not listed; retrieve them via the Exa API.