Daniels v. Hart
Massachusetts Supreme Judicial Court
Tort under the Gen. Sts. c. 63, § 101, to recover damages for the destruction of grass, fences and trees upon the plaintiff’s land in Blackstone, by fire communicated thereto by a locomotive engine.
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Tort under the Gen. Sts. c. 63, § 101, to recover damages for the destruction of grass, fences and trees upon the plaintiff’s land in Blackstone, by fire communicated thereto by a locomotive engine. Writ dated July 6, 1874. The case was submitted to the Superior Court, and, after judgment for the defendants, to this court, on appeal, on an agreed statement of facts, in substance as follows: The defendants were the trustees under a mortgage dated March 19, 1866, from the Boston, Hartford and Erie Railroad Corporation to Robert H. Berdell and others, which mortgage transferred to the trustees…
1Opinion of the CourtGray, C. J.
The provision of the Gen. Sts. c. 63, § 101, by which every railroad corporation is made responsible to any person or corporation whose buildings or property are injured by fire communicated by its engines, is not penal, but remedial, giving all the damages to the party injured. Reed v. Northfield, 13 Pick. 94. Ross v. Boston Worcester Railroad, 6 Allen, 87. Perley v. Eastern Railroad, 98 Mass. 414.
A railroad corporation cannot mortgage its franchise and railroad without the authority of the Legislature, as shown by previous leave or subsequent ratification. Shaw v. Norfolk County Railroad, 5…
2Cases cited2 opinions
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Cooper v. AdamsMassachusetts Supreme Judicial Court · 1850
3Cited by6 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Schus v. Powers-Simpson Co.Supreme Court of Minnesota · 1902
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
- Davis v. Providence & Worcester RailroadMassachusetts Supreme Judicial Court · 1876
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