Hoffman v. . King
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 16, 1898, affirming a judgment in favor of plaintiff entered Upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, far as material, are stated in the opinions. Ho negligence of the railroad company in caring for the right of way was established.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 16, 1898, affirming a judgment in favor of plaintiff entered Upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, far as material, are stated in the opinions. Ho negligence of the railroad company in caring for the right of way was established. (Clark v. Foot, 8 Johns. 421; Stuart v. Hawley, 22 Barb. 619 ; Calkins v. Barger, 44 Barb. 424; Frace v. N. Y., L. E. & W. R. R. Co., 143 N. Y. 182; Laidlaw v. Sage, 158 N. Y. 73 ; Kaplan…
1Opinion of the CourtHaight, J.
This action was brought to recover damages alleged to have been occasioned by a fire negligently set by the defendants or their employees. The negligence complained of consisted. in allowing to accumulate upon the corporation’s right of way, inflammable material which was liable to become ignited from the sparks emitted from passing locomotives. The evidence tended to show that the fall before the defendants had caused sweet fern brush, huckleberry brush, weeds and stuff to be mowed, which they then permitted to lie upon the ground, and that it was in this material the fire started and spread…
2Cases cited6 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Webb v. . R., W. and O.R.R. Co.New York Court of Appeals · 1872
- Frace v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
- Read v. . NicholsNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Rivera v. City of New YorkNew York Court of Appeals · 1962
- Saugerties Bank v. . Delaware Hudson Co.New York Court of Appeals · 1923
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
45 more not listed; retrieve them via the Exa API.