Clark v. Foot
New York Supreme Court
IN error, on certiorari, from a justice’s court. Clark sued Foot before the justice, to recover damages sustained by reason oí Foot's setting fire to the plaintiff’s woods. The cause was tried by a jury. A witness testified that he set fire, by the direction of the defendant, to certain fallow ground, belonging to the defendant, which Sre run into the woodlands of the plaintiff; that he told the defendant of it, who tried only to prevent the fire from burning his own farm.
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IN error, on certiorari, from a justice’s court. Clark sued Foot before the justice, to recover damages sustained by reason oí Foot's setting fire to the plaintiff’s woods. The cause was tried by a jury. A witness testified that he set fire, by the direction of the defendant, to certain fallow ground, belonging to the defendant, which Sre run into the woodlands of the plaintiff; that he told the defendant of it, who tried only to prevent the fire from burning his own farm. The fire burnt during six or seven days, on the pine hill of the plaintiff, and damaged his woodland to the amount of 60…
1Per curiam
The point to be tried was, whether there was negligence on the part of Esc/, or his agent for Foot was as much accountable for the negligéncc of his servant, whilst employed in his business, as if the fire ' had spreád by his own neglect.
It is a lawful act for a person to burn his fallow; and if his1 neighbour is injured thereby, he will have a remedy, - by action on the case, if there be sufficient ground to impute the act to the negligence or misconduct of the defendant' or his servants. ,
Should a man’s house get on fire, without his neglect, or default, and burn his neighbour’s, no action…
2Cited by37 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Cahill v. EastmanSupreme Court of Minnesota · 1872
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