Brown v. Buffalo, Rochester & Pittsburgh Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Brown, from a judgment of the County Court of the county of Monroe in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 21st day of December, 1895, upon a nonsuit granted after a trial before the court and a jury at the Monroe County Court, and also from an order entered in said clerk’s office on the 21st day of December, 1895, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Thomas Brown, from a judgment of the County Court of the county of Monroe in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 21st day of December, 1895, upon a nonsuit granted after a trial before the court and a jury at the Monroe County Court, and also from an order entered in said clerk’s office on the 21st day of December, 1895, denying the plaintiff’s motion for a new trial made upon the minutes. The action was originally commenced in the Municipal Court of the city of Rochester, and was brought to recover for the alleged…
1Opinion of the Court
Hardin, P. J.:
It was incumbent upon the plaintiff to point out specifically the negligence, or negligent act, of the defendant in operating its trains along its track, and that such negligence caused the injuries of which the plaintiff complained. It was not sufficient to produce evidence indicating that sparks emitted from-the smokestacks of the defends ant’s locomotives occasioned the fire, unless the emission of the sparks was unusual in degree or character, or the sparks were of extraordinary size and such as would not be emitted from-perfectly constructed locomotives. (McCaig v. Erie…
2Cases cited4 opinions
- O'Neill v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1889
- Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Frier v. President of Delaware & H. Canal Co.New York Supreme Court · 1895
- Miller v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
3Cited by6 opinions
- White v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Dougherty v. KingAppellate Division of the Supreme Court of the State of New York · 1897
- Babbitt v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Hoffman v. . KingNew York Court of Appeals · 1899
- Nichols v. Lehigh Valley Railroad, New York County Courts1908
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