Smith v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case, for burning the plaintiff’s barn and other buildings and their contents by fire from the defendants’ locomotive. Plea, the general issue ; also, that “ the defendant was engaged at the time and place alleged by the plaintiff in his said writ, with the said locomotive, in commerce between different states, to wit, in the transportation of freight from the state of Maine, through and .across the state of New Hampshire into the commonwealth of Massachusetts, and that the…
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Case, for burning the plaintiff’s barn and other buildings and their contents by fire from the defendants’ locomotive. Plea, the general issue ; also, that “ the defendant was engaged at the time and place alleged by the plaintiff in his said writ, with the said locomotive, in commerce between different states, to wit, in the transportation of freight from the state of Maine, through and .across the state of New Hampshire into the commonwealth of Massachusetts, and that the said defendant, by its officers, agents, -or servants, was then and there guilty of no negligence in the management of…
1Opinion of the CourtDoe, C. J.
The federal question is settled by federal authority un favor of the plaintiff. No question was raised at the trial as to 4he effect of including a risk of fire in land damages paid by the defendants when their road was built. It does not appear that the ■ road was built on land now owned by the plaintiff.
Evidence that other fires were set by the defendants’ locomotives might tend to show that this fire could have been and probably was set in the same manner.
The plaintiff having received nothing from the insurance company, the defendants were entitled to no deduction by the jury from the…
2Cited by5 opinions
- Kierstead v. Betley Chevrolet-Buick, Inc.Supreme Court of New Hampshire · 1978
- Shute v. Exeter Manufacturing Co.Supreme Court of New Hampshire · 1897
- Clark v. Boston & Maine RailroadSupreme Court of New Hampshire · 1887
- Proctor v. White Mountain Freezer Co.Supreme Court of New Hampshire · 1899
- Bailey Lumber Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1916