Douglas v. Rome, W. & O. Railroad
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by John P. Douglas against the Rome, Watertown & Ogdens burg Railroad Company, to recover for injuries from fire alleged to have been caused by defendant’s negligence. Verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtMartin, J.
A quantity of plaintiff’s hay was destroyed and his land injured by fires which were kindled from sparks or coals that fell from the defendant’s engines. For the injury thus sustained the plaintiff recovered in this action. The recovery was based on the defendant’s negligence. The defendant now seeks to reverse the judgment herein on the sole ground that the evidence was insufficient to justify the submission to the jury of the question of its negligence. The evidence tended to show that where the fires in question occurred the defendant had permitted old ties, dried grass, and weeds (some of…
2Cases cited2 opinions
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Field v. New York Central RailroadNew York Court of Appeals · 1865
3Cited by1 opinion
- Eighme v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1890