Dyer v. Maine Central Railroad
Supreme Judicial Court of Maine
On report. Judgment for plaintiff. Action of assumpsit at common law brought by the. plaintiff for the benefit of the London, Liverpool & Globe Insurance Co., to recover the sum of two thousand dollars paid by said Company to the plaintiff under a policy of insurance on certain buildings of the plaintiff which were destroyed, as alleged, by fire set by an engine of the defendant negligently constructed, managed and operated by the defendant on its road.
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On report. Judgment for plaintiff. Action of assumpsit at common law brought by the. plaintiff for the benefit of the London, Liverpool & Globe Insurance Co., to recover the sum of two thousand dollars paid by said Company to the plaintiff under a policy of insurance on certain buildings of the plaintiff which were destroyed, as alleged, by fire set by an engine of the defendant negligently constructed, managed and operated by the defendant on its road. The case was reported to the law court by agreement of the parties, the court to render judgment according to law on so much of the evidence…
1Opinion of the CourtPowers, J.
This is an action at common law, brought for the benefit of the Liverpool, London and Globe Insurance Company, to recover the amount of insurance paid by it to the plaintiff upon his buildings in Freeport, alleged to have been destroyed by fire communicated by sparks escaping from the locomotive engine of the defendant through its negligence in the construction, equipment, management, and operation of the same. The defendant has already paid to the plaintiff the full amount foi’ which it is liable under B,. S. 1883, c. 51, § 64, as amended by c. 79 of the laws of 1895, and insists that it is…
2Cases cited11 opinions
- Continental National Bank v. WeemsTexas Supreme Court · 1888
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Illinois Central Railroad v. MillsIllinois Supreme Court · 1866
- Burke v. Louisville & Nashville RailroadTennessee Supreme Court · 1872
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3Cited by2 opinions
- Hurd v. Boston & Maine RailroadSupreme Court of New Hampshire · 1957
- Morton v. LatimerDistrict Court, Virgin Islands · 1925