Dougherty v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John King and another, as receivers, etc., of the New York, Lake Erie and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, ■entered in the office of the clerk of the county of Sullivan on the '28th day of December, 1896, upon the verdict of a jury for $250, .and also from an order entered in said clerk’s office on the 12th day ■of January, 189Y, denying the defendants’ motion for a new trial made upon the…
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Appeal by the defendants, John King and another, as receivers, etc., of the New York, Lake Erie and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, ■entered in the office of the clerk of the county of Sullivan on the '28th day of December, 1896, upon the verdict of a jury for $250, .and also from an order entered in said clerk’s office on the 12th day ■of January, 189Y, denying the defendants’ motion for a new trial made upon the minutes. The action was brought to recover damages caused by fire upon the plaintiff’s lands, alleged to have originated…
1Opinion of the Court
Landon, J.:
The evidence tended to show that on May 15, 1894, the defendants’ engine No. 132, hauling a way freight train upon their railroad, emitted sparks which set fire to dry grass or other combustibles within its right of way, which fire thence ran into the adjoining woodland and advanced in spite of efforts to extinguish it, for about thirty-six hours, when it reached the plaintiff’s lands, more than two miles from the starting point, and there did damage to the amount of the verdict. The place where the fire started was upon a high, steep bank upon a curve in a wooded region. The main…
2Cases cited6 opinions
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Field v. New York Central RailroadNew York Court of Appeals · 1865
- Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Brown v. Buffalo, Rochester & Pittsburgh RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Tanner v. . the New York Central and Hudson River Rd. Co.New York Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Weeks v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- De Gregoria v. Queensboro Farm Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1956