Jacobs v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Oswego on the 7th day of November, 1904, upon the verdict of a jury for $3,700, and also from an order entered in said clerk’s office on the 1st day of November, 1904, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Oswego on the 7th day of November, 1904, upon the verdict of a jury for $3,700, and also from an order entered in said clerk’s office on the 1st day of November, 1904, denying the defendant’s motion for a new trial made upon the minutes. Certain buildings and personal property belonging to the plaintiff Jacobs were destroyed by fire, which, it is claimed, was caused by sparks negligently permitted…
1Opinion of the Court
Hiscock, J, :
While the evidence tending to establish that the property was set on fire by one of defendant’s engines was circumstantial, we think it was sufficient to permit the jury to find as it did. It appeared that the roof of the building where the fire made its appearance was seventy-seven feet from the railroad; that it was very dry and a strong wind blowing from the direction of the railroad towards the buildings; that there was no fire in or near the building where the flames first appeared and that very shortly after, one of defendant’s trains passed the fire was observed upon the…
2Cases cited15 opinions
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
- Swarthout v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Continental Insurance v. H. M. Loud & Sons Lumber Co.Michigan Supreme Court · 1892
- Home Mutual Insurance v. O. R. & N. Co.Oregon Supreme Court · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Porter v. Lane Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Warner v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Moffett v. McCurryCourt of Appeals of Georgia · 1951
- Atlanta Cadillac Co. v. ManleyCourt of Appeals of Georgia · 1923
- Hartford Fire Ins. v. Erie R.U.S. Circuit Court for the District of Southern New York · 1909
7 more not listed; retrieve them via the Exa API.