Loring v. Worcester & Nashua Railroad
Massachusetts Supreme Judicial Court
Tort for the destruction of the plaintiff’s property at Sterling Junction, by fire alleged to have been communicated from a locomotive engine of the defendant, on Saturday, June 29, 1878. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions to the exclusion of certain evidence, the nature of which appears in the opinion.
1Opinion of the CourtMorton, J.
The defendant introduced evidence that the engine, which the plaintiff contended communicated fire to his barn, “was furnished with the ordinary appliances of a cone *470and netting for arresting sparks, which netting was examined on arrival at Worcester on the return trip the following Monday and found to be whole and in good condition.” It was accompanied by evidence that the engine on the return trip was in the same condition and used the same kind of fuel as on the outward trip on Saturday. The obvious purpose of the evidence was to induce the jury to believe that the engine on the trip on…
2Cases cited1 opinion
- Cooper v. AdamsMassachusetts Supreme Judicial Court · 1850
3Cited by6 opinions
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Brusberg v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Thatcher v. Maine Central RailroadSupreme Judicial Court of Maine · 1893
- Chicago, Indianapolis & Louisville Railway Co. v. GilmoreIndiana Court of Appeals · 1899
- Gleason v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1917
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