Richmond v. N. Y., N. H. & H. R. R.

(1) Stiness, C. J.

This suit was brought, under provisions of the defendant’s charter, to recover damages for the destruction of the plaintiff’s ice-house by fire started from sparks from a locomotive of the defendant.

The trial judge directed a verdict for the defendant, and the plaintiff petitions for a new trial.

The facts upon which the verdict was directed are these:

The plaintiff was the owner of an ice-house by the side of the defendant’s road-bed, and desired to have a spur track run from the main line onto his land. An agreement in writing was entered into between the parties, which…