Sheldon v. Hudson River Rail Road
New York Supreme Court
APPEAL by the plaintiff from a judgment of nonsuit, entered at a special term. The action was brought to recover the value of the plaintiff’s mill, situated about 67 feet east of the Hudson river rail road track, at Tarrytown, which was destroyed by fire, on the 7th of February, 1852, communicated, as the plaintiff claimed, by sparks from the defendant’s locomotives.
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APPEAL by the plaintiff from a judgment of nonsuit, entered at a special term. The action was brought to recover the value of the plaintiff’s mill, situated about 67 feet east of the Hudson river rail road track, at Tarrytown, which was destroyed by fire, on the 7th of February, 1852, communicated, as the plaintiff claimed, by sparks from the defendant’s locomotives. The complaint alleged negligence and carelessness in constructing the engine, as well as in managing and conducting the same. The facts appearing on the trial are set forth in the opinion of the court.
1Opinion of the Court
By the Court, Brown, J.
At the time the accident occurred which is the subject of this action, the defendant was in the lawful and rightful use of its road, operating its trains in the usual and customary manner by means of locomotive engines. It was doing just what it was created to do, and just what the law authorized it to do, and if it was done with due care and circumspection, and with a due regard to the rights of others, it incurred no special responsibility. For if it could *228not employ fire to generate steam, as a motive power, it could not fulfill the end of its being. If the nature of…
2Cases cited1 opinion
- Stuart v. SimpsonNew York Supreme Court · 1828
3Cited by17 opinions
- Walters v. C., R. I. & P. R.Supreme Court of Iowa · 1875
- Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Big River Lead Co. v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
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