Lawyer v. Smith
Court for the Trial of Impeachments and Correction of Errors
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
- Rundell v. ButlerNew York Supreme Court · 1833
- Overseers of Poor v. LuntNew York Supreme Court · 1836
3Cited by4 opinions
- People v. . MeakimNew York Court of Appeals · 1892
- People v. GlasgowAppellate Division of the Supreme Court of the State of New York · 1898
- Decker v. StauringNew York Supreme Court · 1879
- Wheeler v. CalkinsNew York Supreme Court · 1859