Legal Opinion

Peck v. . N.Y.C. H.R.R.R. Co.

New York Court of Appeals

Decided January 22, 1901PublishedCited by 18 opinions

1Opinion of the Court

This action was brought to recover the value of a warehouse and its contents, which on May 2, 1895, were destroyed by fire caused by sparks emitted by a locomotive of the defendant. The plaintiff's building stood about twenty feet from the defendant's track. Within a very few minutes after the passage of the train a fire was observed on the roof of the warehouse, and at the same time another fire was discovered burning on the bank adjacent to the track of the defendant, further south. There had been no fire in or about the warehouse on that day and when the fire was first observed it had not…

2Cases cited4 opinions

  1. Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
  2. Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
  3. Jamieson v. N. Y. & Rockaway Beach Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
  4. Brush v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by18 opinions

  1. Griffen v. . ManiceNew York Court of Appeals · 1901
  2. Anderson v. Oregon RailroadOregon Supreme Court · 1904
  3. Duhme v. . Hamburg-American Packet Co.New York Court of Appeals · 1906
  4. Fightmaster v. ModeOhio Court of Appeals · 1928
  5. Eclipse Lumber Co. v. DavisSupreme Court of Iowa · 1923

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