Chapman v. Atlantic & St. Lawrence Rail Road
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Wells, J., presiding. Case for the recovery of damages for loss by fire, of a quantity of cedar posts. The plaintiff in the winter of 1851, deposited a lot of cedar posts upon the land of another, by his consent, some five or eight rods from the rail road track of defendants.
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On Exceptions from Nisi Prius, Wells, J., presiding. Case for the recovery of damages for loss by fire, of a quantity of cedar posts. The plaintiff in the winter of 1851, deposited a lot of cedar posts upon the land of another, by his consent, some five or eight rods from the rail road track of defendants. In October, 1852, fire was communicated from the defend*, ants’ locomotive, rightfully running upon their track, to some combustible matter near the posts, which afterwards reached and consumed them. The defendants requested several instructions to the jury, all of which were refused. It…
1Opinion of the CourtRice, J.
— This action is founded upon the fifth section of chapter nine of the laws of 1842, which is as follows: —
“ When any injury is done to a building or other property of any person, or corporation, by fire cominunicated by a locomotive engine of any rail road corporation, the said corporation shall be held responsible in damages to the person or corporation so injured; and any rail road corporation shall have an insurable interest in the property for which it may be so held responsible in damages along its route, and may procure insurance thereon in its own behalf.”
The language in‘the first…
2Cited by6 opinions
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Thatcher v. Maine Central RailroadSupreme Judicial Court of Maine · 1893
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ChappellIndiana Supreme Court · 1914
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