Pierce v. Worcester & Nashua Railroad
Massachusetts Supreme Judicial Court
Tort on the Gen. Sts. c. 63, § 101, for the destruction of the plaintiff’s farm-house and outbuildings by fire communicated by the defendants’ locomotive engine. At the trial in the superior court, before Devens, J., it appeared that the plaintiff’s farm was owned on February 27,1857, by John D. Lovell, who that day conveyed it to James D. Moore, who conveyed it to the plaintiff October 31, 1860; both deeds containing covenants of full warranty and freedom from incumbrances.
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Tort on the Gen. Sts. c. 63, § 101, for the destruction of the plaintiff’s farm-house and outbuildings by fire communicated by the defendants’ locomotive engine. At the trial in the superior court, before Devens, J., it appeared that the plaintiff’s farm was owned on February 27,1857, by John D. Lovell, who that day conveyed it to James D. Moore, who conveyed it to the plaintiff October 31, 1860; both deeds containing covenants of full warranty and freedom from incumbrances. And the plaintiff introduced evidence tending to show that soon after two o’clock on the afternoon of December 26,1868,…
1Opinion of the CourtColt, J.
The defendants deny the plaintiff’s right to recover under the statutes, for the loss of his buildings by fire communicated from a locomotive; on the ground that, when the railroad was located and built, Lovell, who then owned the plaintiff’s premises, at the hearing upon his petition for the assessment of damages, claimed compensation, not only for so much of the land as was taken, but also for the risk and danger to these very buildings by fire, produced evidence in support of his claim, and was in fact awarded additional damages on that account.
The jury could not lawfully take into…
2Cases cited4 opinions
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Presbrey v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
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