Smith v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William E. T. Smith and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 10th day of October, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Suffolk Trial Term.
1Opinion of the Court
Goodrich, P. J.:
■ The plaintiffs are owners of a large tract of land on the southerly side of the Long Island railroad, between Mastic and Brookhaven. On April 6, 1900, a fire occurred, burning over a portion of the tract. The complaint alleged “that the defendant negligently operated its engines over its track and negligently forced large quantities of live coals from its engines, and. did negligently permit and allow quantities, of dried grass and leaves to accumulate upon its tract (sie) and right of way, and did negligently set fire to the same on or about the 6th day of April, 1900, and…
2Cases cited1 opinion
- O'Reilly v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Graham v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Babbitt v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905