Field v. New York Central Rail Road

By the Court, Welles, J.

The action was brought to recover the value of certain quantities of cord wood and fence of the plaintiff, burned and destroyed in May, August and September, 1854, in consequence of fire scattered along the track of the defendants’ road from their locomotive engines, through the negligence of the defendants. The plaintiff .recovered a verdict, upon which judgment was entered in his favor.

Upon the trial at the Monroe circuit, in October, 1857, before Mr. Justice Johnson, the plaintiff was offered as a witness in his own behalf. The defendants’ counsel objected to his…