O'Neill v. New York, Ontario & Western Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages to plaintiff’s wood lands, alleged to have been caused by sparks from a locomotive engine in use on defendant’s road. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages to plaintiff’s wood lands, alleged to have been caused by sparks from a locomotive engine in use on defendant’s road. The facts are sufficiently stated in the opinion. Negligence cannot be imputed or inferred from the simple fact of causing the fire, for the reason that the use of fire to…
1Opinion of the CourtDanforth, J.
The questions in this case are brought before us by the defendant’s appeal from a judgment of the General Term of the third judical department, affirming a judgment in favor of the plaintiff upon the verdict of a jury,- and affirming an order made by the trial court denying the defendant’s motion for a new trial. No question is made upon the pleadings. The complaint, among other things, stated the incorporation of the defendant and that its road ran through the town of Fallsburg. So much the defendant by its answer admitted. The complaint also stated that the plaintiff at the time in question…
2Cases cited6 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Field v. New York Central RailroadNew York Court of Appeals · 1865
- Webb v. . R., W. and O.R.R. Co.New York Court of Appeals · 1872
- Pollett v. . LongNew York Court of Appeals · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Carolina, Clinchfield & Ohio Railroad v. Unaka Springs Lumber Co.Tennessee Supreme Court · 1914
- Smith v. Central Vermont Railway Co.Supreme Court of Vermont · 1907
- Florida East Coast Railway Co. v. WelchSupreme Court of Florida · 1907
- Drexel v. TrueCourt of Appeals for the Eighth Circuit · 1896
- Singer Co. v. Stott & Davis Motor Express, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
23 more not listed; retrieve them via the Exa API.