Thatcher v. Maine Central Railroad
Supreme Judicial Court of Maine
On motion and exceptions. This was an action on the case to recover damages for loss of the plaintiff’s lumber by fire communicated by the defendant’s locomotive. The plaintiff’s declaration contained four counts ; two, framed on the statute, R. S., c. 51, § 64, and two charging negligence at common law.
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On motion and exceptions. This was an action on the case to recover damages for loss of the plaintiff’s lumber by fire communicated by the defendant’s locomotive. The plaintiff’s declaration contained four counts ; two, framed on the statute, R. S., c. 51, § 64, and two charging negligence at common law. The acts of negligence alleged were defective ' machinery, the want of sufficient spark arresters, wrongfully throwing sparks and cinders, and the want of suitable section men to watch and tend fires along the railroad. One of the counts upon the statute is as follows :— " In a plea of the…
1Opinion of the CourtLibbey, J.
An action on the case to recover damages for the destruction of plaintiff’s property by fire communicated by a locomotive engine used by the defendant company in its business. In his writ the plaintiff claims to recover on two grounds. First, by virtue of R. S-, c. 51, § 64; second, on the ground of negligence of the defendant and its agents and servants, in the condition and management of its locomotive, by reason of which the fire was set and communicated to his lumber.
The presiding judge at the trial, for reasons satisfactory to himself, ruled that the plaintiff could not recover under the…
2Cases cited4 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Bassett v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
- Chapman v. Atlantic & St. Lawrence Rail RoadSupreme Judicial Court of Maine · 1854
- Loring v. Worcester & Nashua RailroadMassachusetts Supreme Judicial Court · 1881
3Cited by10 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Torrey v. Congress Square Hotel Co.Supreme Judicial Court of Maine · 1950
- Simon v. Town of KennebunkportSupreme Judicial Court of Maine · 1980
- First National Bank v. Lake Erie & Western RailroadIllinois Supreme Court · 1898
- Bush v. TaylorSupreme Court of Arkansas · 1917
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