Legal Opinion

Lawyer v. Smith

Court for the Trial of Impeachments and Correction of Errors

Decided May 15, 1845PublishedCited by 4 opinions

Action on the case, tried at the Schoharie circuit, before Cushman, C. Judge, in October, 1843, when the jury found a verdict for the' defendant. The plaintiff moves for a new trial on a case. The facts are sufficiently stated in the opinion of the.court.

1Opinion of the Court

. By the Court, Bronson, Ch. J.

This is an action on the statute concerning “the firing of woods,” (1 R. S. 696, § 1,) which provides, that “ every person negligently setting fire to his own woods, or negligently suffering a fire kindled upon his own wood or fallow land, to extend beyond his own land, shall forfeit treble damages to the party injured thereby.” It is also made a misdemeanor-, punishable by fine or imprisonment, or both, at the discretion of the court. No question of law arose on the trial. The cause ivas submitted to the jury under a proper charge from the judge, and they found…

2Cases cited2 opinions

  1. Rundell v. ButlerNew York Supreme Court · 1833
  2. Overseers of Poor v. LuntNew York Supreme Court · 1836

3Cited by4 opinions

  1. People v. . MeakimNew York Court of Appeals · 1892
  2. People v. GlasgowAppellate Division of the Supreme Court of the State of New York · 1898
  3. Decker v. StauringNew York Supreme Court · 1879
  4. Wheeler v. CalkinsNew York Supreme Court · 1859

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