New England Box Co. v. New York Central & Hudson River Railroad
Massachusetts Supreme Judicial Court
Tort, brought in the name of the plaintiff for the benefit of certain insurance companies, to enforce an alleged common law liability of the defendant to the plaintiff for the amount paid by such companies to the plaintiff by reason of a fire alleged to have been caused by the negligent construction, maintenance and use of locomotive engines by the defendant.
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Tort, brought in the name of the plaintiff for the benefit of certain insurance companies, to enforce an alleged common law liability of the defendant to the plaintiff for the amount paid by such companies to the plaintiff by reason of a fire alleged to have been caused by the negligent construction, maintenance and use of locomotive engines by the defendant. Writ dated August 11,1910. The declaration contained, among others, the following allegations: “And the plaintiff further says that it was said defendant’s duty to so operate its road and its engines running thereon that fire shall not…
1Opinion of the CourtHammond, J.
This is an action at common law brought for the benefit of certain insurance companies to enable them to recover the amount of insurance paid by them to the plaintiff upon its lumber alleged to have been destroyed by fire communicated by sparks negligently allowed to escape from the defendant’s locomotive. The case is before us upon a report made by the judge who overruled the demurrer; and the question is whether the declaration sets out a valid cause of action.
Before the enactment of any statute upon the subject a railroad corporation was answerable at common law for damages to property due…
2Cases cited7 opinions
- Ryalls v. Mechanics' MillsMassachusetts Supreme Judicial Court · 1889
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Cooper v. AdamsMassachusetts Supreme Judicial Court · 1850
- Wallace v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1911
- Lyons v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1941
- New York Central Railroad Co. v. William Culkeen & Sons Co.Massachusetts Supreme Judicial Court · 1924
- Rhinehart v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1916
- Boston & Maine Railroad v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1925
5 more not listed; retrieve them via the Exa API.