Martin, Admx. v. N. York N. England R. R. Co.
Supreme Court of Connecticut
Hartford Dist., Oct. T., 1892. Andrews, C. J., Carpenter, Seymour, Torrance and Prentice, Js. Two ACTIONS to recover for the destruction of property by a fire communicated to it by a locomotive engine of the defendant railroad company; brought to the Superior Court in Windham County, and heard in damages upon a default by Thayer, J. Facts found and full damages assessed in both cases, and appeals by the defendant. The cases were argued together in this court.
1Opinion of the CourtCarpenter, J.
This is an action on the statute, Gen. Statutes, § 3581, to recover the value of property destroyed by fire. The defendant suffered a default and was heard on the question of damages. The court rendered judgment for the plaintiff for substantial damages, and the defendant appealed.
The first error assigned is as follows :—“ The court erred in not holding.and ruling that, upon a hearing in damages after a default, the burden was upon the plaintiff to prove .that the fire was' communicated to the property by a locomotive to entitle hér to recover more than nominal damages.”
The sole cause of.…
2Cases cited7 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Regan v. N. York and N. England R. R. Co.Supreme Court of Connecticut · 1891
- Kenerson v. HenryMassachusetts Supreme Judicial Court · 1869
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3Cited by22 opinions
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- Connecticut Printers, Inc. v. Redevelopment AgencySupreme Court of Connecticut · 1970
- Alfred Atmore Pope Foundation, Inc. v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1927
- Lawler, Admr. v. Hartford Street Ry. Co.Supreme Court of Connecticut · 1899
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