Warner v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Davis, J.:
The plaintiffs had a verdict on the trial of the issue as to whether defendant was negligent in permitting a fire to be communicated from its right of way to the house of the plaintiff Warner. That verdict the learned trial justice has set aside because he was of the opinion “ that the evidence that the fire was caused by defendant’s negligence was insufficient to warrant the submission of that question to the jury.”
Warner was the owner of farm lands adjacent to the defendant’s railroad. The principal buildings were a house and barn, the *212former about 180 feet north from the railroad…
2Cases cited18 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
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3Cited by18 opinions
- Merriman v. Coca Cola Bottling Co.Court of Appeals of Tennessee · 1933
- Gutierrez v. Public Service Interstate Transp. Co.Court of Appeals for the Second Circuit · 1948
- Friedman v. Shindler's Prairie House, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- Ascher v. AscherAppellate Division of the Supreme Court of the State of New York · 1925
- Forbes v. City of JamestownAppellate Division of the Supreme Court of the State of New York · 1925
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