Legal Opinion

Burroughs v. Housatonic Railroad

Supreme Court of Connecticut

Decided June 15, 1842PublishedCited by 33 opinions

This was an action on the case. The first count of the declaration, after stating the incorporation of the defendants, by the legislature of this state, and their general powers, alleged, That the plaintiffs being lawfully possessed, in their own right, of a certain building with a cider-mill therein, situated in Bridgeport, on the land of Edward Burroughs, one of the plaintiffs, the defendants, on the 23rd of March, 1840, caused a certain steam engine to pass along their…

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This was an action on the case. The first count of the declaration, after stating the incorporation of the defendants, by the legislature of this state, and their general powers, alleged, That the plaintiffs being lawfully possessed, in their own right, of a certain building with a cider-mill therein, situated in Bridgeport, on the land of Edward Burroughs, one of the plaintiffs, the defendants, on the 23rd of March, 1840, caused a certain steam engine to pass along their road, near said building and cider-mill, from the pipe or chimney of which engine large sparks of fire were constantly…

1Opinion of the Court

Williams, Ch. J.

The question is, whether this company, incorporated to construct this road, and to hold lands, engines, cars, and other tilings necessary for the use of it, are responsible for an injury of this kind ; there being no negli-*128genee or carelessness on their part. To determine this, we ,, , „ , look at the nature of the action. It is founded, says j$aron Comyns, upon a wrong. In all cases where a man has a temporal loss or damage, by the injury of another, , 1 . , „ pb . . . he may have an action on the case. Com. Dig. tit. Action on the case, A. This injury may be caused, by the…

2Cases cited4 opinions

  1. Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
  2. Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
  3. Vincent v. StinehourSupreme Court of Vermont · 1835
  4. Hawkins v. Dutchess & Orange Steam-Boat Co.New York Supreme Court · 1829

3Cited by33 opinions

  1. St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
  2. Morris v. PlattSupreme Court of Connecticut · 1864
  3. Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
  4. Koontz v. O. R. & N. Co.Oregon Supreme Court · 1890
  5. Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866

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