Martin v. New York, Ontario & Western Railway Co.
New York Supreme Court
Appeal from circuit court, Sullivan county. Affirmed. Action by Billings G-. Martin against the New York, Ontario & Western Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtLearned, P. J.
This is an appeal by the defendant from a judgment on verdict, and from an order denying a new trial. The action was brought to recover damages caused to plaintiff’s woodland about the 22d of May by a fire which is alleged to have originated through defendant’s negligence. The fire started on the east side of defendant’s track, in old brush and old ties, which were along the track. The brush had been cut the fall previous. The ties had been taken out of defendant’s road. The alleged negligence was in leaving this dry and combustible material along the side of defendant’s track, where it might…
2Cases cited4 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- O'Neill v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1889
- Read v. . NicholsNew York Court of Appeals · 1890
- Webb v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1872
3Cited by3 opinions
- Hoffman v. . KingNew York Court of Appeals · 1899
- Warner v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Hoffman v. . KingNew York Court of Appeals · 1899