McFarland v. Sayen
Michigan Supreme Court
Error to Delta; Stone, J. Case by Matthew McFarland against Joseph E. Sayen for negligently setting fire to plaintiff’s buildings. There was judgment for plaintiff, and defendant brings error. Plaintiff recovered verdict and judgment for $600 for the destruction of his farm buildings by fire, alleged to have been caused by sparks from a traction engine of the defendant.
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Error to Delta; Stone, J. Case by Matthew McFarland against Joseph E. Sayen for negligently setting fire to plaintiff’s buildings. There was judgment for plaintiff, and defendant brings error. Plaintiff recovered verdict and judgment for $600 for the destruction of his farm buildings by fire, alleged to have been caused by sparks from a traction engine of the defendant. The negligence alleged is that the defendant was running said engine along the highway past plaintiff’s buildings, “ without having a hood or spark arrester on said engine sufficient to prevent the escape of sparks of fire, or…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. Assignments 1 and 2 may be disposed of by saying that there was a sharp conflict in the evidence upon the question whether the defendant had a hood or spark arrester on the smokestack when it passed the plaintiff’s house and stood within about 20 feet while taking on water. A boy seven years old at the time of the fire, and nine at the time of the trial, was riding upon the engine, and testified positively that the screen or spark arrester was lying on the wood upon the engine at the time. Plaintiff also produced other evidence upon this point. The defendant…
2Cases cited1 opinion
- Cheboygan Lumber Co. v. Delta Transportation Co.Michigan Supreme Court · 1894
3Cited by2 opinions
- Peterson v. ClearyMichigan Supreme Court · 1932
- Yeager v. CooleyCourt of Appeals of Georgia · 1932