Kimball v. Davis
Supreme Judicial Court of Maine
Action on the case to recover damages on account of fire, caused, as the plaintiff alleged, through the negligence of defendant. Defendant filed plea of general issue. Verdict for plaintiff in sum of $795.95. Defendant filed motion for new trial, also exceptions to certain rulings of presiding Justice. Case stated in opinion.
1Opinion of the CourtBird, J.
This cause comes before this court upon defendant’s bill of exceptions and general motion for new trial. It is an action of the case to recover damages occasioned to the property of the plaintiff by fire, sparks and cinders communicated thereto over and through the lands of others, which is alleged to have escaped from the smoke stack of defendant by reason of his negligent and careless use and operation of his steam saw mill, engine, boiler and smoke stack. The jury found for plaintiff.
It appears from the bill of exceptions that plaintiff during the cross examination of defendant asked him…
2Cases cited4 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Finnegan v. Winslow Skate Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
- McCann v. TwitchellSupreme Judicial Court of Maine · 1917
- State v. FortinSupreme Judicial Court of Maine · 1910
3Cited by5 opinions
- Jones v. BillingsSupreme Judicial Court of Maine · 1972
- St. Louis, B. & M. Ry. Co. v. PriceTexas Commission of Appeals · 1925
- Cobb v. Cumberland County Power & Light Co.Supreme Judicial Court of Maine · 1918
- Tibbetts v. DuntonSupreme Judicial Court of Maine · 1934
- Elliott v. MontgomerySupreme Judicial Court of Maine · 1938