Weeks v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emily A. Weeks, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 28th day of November, 1899, upon the dismissal of the complaint by direction of the court after a trial at the Orange County. Trial Term.
1Opinion of the Court
Jenks, J.:
This is an action brought to recover damages for the negligence of the defendant in kindling fires on the plaintiff’s lands by casting sparks thereon. I think that the learned trial justice rightly dismissed the complaint at the close óf the plaintiff’s evidence for the reason that no negligence on the part of the defendant was shown. One witness testified that he “ heard the engine going up the track ;• heard the cars going up the track; they were, throwing sparks * * * the sparks were flying up in the air from the engine and flying over -^on the farm.” On cross-examination he…
2Cases cited5 opinions
- Rood v. New-York & Erie RailroadNew York Supreme Court · 1854
- Frace v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
- Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Van Nostrand v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894
- Dougherty v. KingAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Babbitt v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905