Wild v. Boston & Maine Railroad
Massachusetts Supreme Judicial Court
Tort, for damages occasioned by the loss of the plaintiff’s mill and grain elevator, on January 18,1891, by a fire communicated by one of the defendant’s locomotives. Writ dated August 12, 1896. The plaintiff alleged in the declaration that she brought the action for the insurance companies to the extent of the amounts paid by them, and for her own use and for the excess of her loss over said amounts and interest.
Read the full summary
Tort, for damages occasioned by the loss of the plaintiff’s mill and grain elevator, on January 18,1891, by a fire communicated by one of the defendant’s locomotives. Writ dated August 12, 1896. The plaintiff alleged in the declaration that she brought the action for the insurance companies to the extent of the amounts paid by them, and for her own use and for the excess of her loss over said amounts and interest. Trial in the Superior Court, before Braley, J., who allowed the following bill of exceptions. The plaintiff’s mill was in Billerica, and its westerly end stood about fifteen feet…
1Opinion of the CourtMorton, J.
We think that there was evidence which warranted a finding by the jury that the fire was communicated by the locomotive. There was testimony tending to show that it was discovered only a short time after the locomotive had passed, and when first seen was in the hay which was under or nearly under the broken window that was in the side of the building next to the track. There was also testimony tending to show that when the locomotive passed the building it was “ throwing smoke and sparks,” and that on the day of the fire there had been no fire in the office stove and for a day or more none in…
2Cases cited3 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Shallow v. City of SalemMassachusetts Supreme Judicial Court · 1883
- Goss v. CalkinsMassachusetts Supreme Judicial Court · 1895
3Cited by17 opinions
- Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
- Jet Spray Cooler, Inc. v. CramptonMassachusetts Supreme Judicial Court · 1979
- Pittsley v. DavidMassachusetts Supreme Judicial Court · 1937
- Southwest Cotton Co. v. RyanArizona Supreme Court · 1921
- Young v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1931
12 more not listed; retrieve them via the Exa API.