Teall v. Barton
New York Supreme Court
THIS action was brought to recover damages sustained by the plaintiff, by the destruction of his farm buildings and their contents, consisting of hay, grain,'and other personal property, by fire, communicated from a steam dredge of the defendants, through the negligence of the defendants and their servants. The action was tried before a referee, who found the following facts.
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THIS action was brought to recover damages sustained by the plaintiff, by the destruction of his farm buildings and their contents, consisting of hay, grain,'and other personal property, by fire, communicated from a steam dredge of the defendants, through the negligence of the defendants and their servants. The action was tried before a referee, who found the following facts. That on the 8th day of November, 1856, the plaintiff was the owner and in possession of a farm situated in the town of Waterloo, in the county of Seneca and adjoining the Cayuga and Seneca canal, upon which farm were…
1Opinion of the Court
By the Court, Johnson, J.
The evidence in the case seems to be abundantly sufficient to warrant the finding, by the referee, of the fact that the fire was communicated to the plaintiff’s buildings, from the steam dredge of the defendants, and that the defendants, upon the occasion and under the circumstances, were guilty of negligence in the use of the fire upon the dredge, as respects such buildings.
There is no ground furnished by the evidence for claiming that either the plaintiff or his servants, by any act or omission on their part, contributed in any degree to the setting *143the buildings on…
2Cited by7 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Hoyt v. JeffersMichigan Supreme Court · 1874
- Gagg v. VetterIndiana Supreme Court · 1872
- H. & T. C. R'y Co. v. ReasonTexas Supreme Court · 1884
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