Duplissy v. Maine Central Railroad
Supreme Judicial Court of Maine
On motion and exceptions by the defendant. Motion and exceptions overruled. This is an action on the case by the plaintiff to recover damages for property destroyed by fire, alleged to have been caused by fire communicated from a locomotive engine belonging to the defendant. Plea, general issue.
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On motion and exceptions by the defendant. Motion and exceptions overruled. This is an action on the case by the plaintiff to recover damages for property destroyed by fire, alleged to have been caused by fire communicated from a locomotive engine belonging to the defendant. Plea, general issue. The defendant excepted to the admission of testimony and to the refusal of the presiding Justice to give a certain requested instruction to the jury, both of which are particularly considered in the opinion, and its exceptions were allowed. The jury returned a verdict for the plaintiff of $5341.67.…
1Opinion of the CourtCornish, J.
Action on the case to recover damages for the loss of a hotel in Kingman, with outbuildings, stable and contents, including furniture, supplies and personal effects, alleged to have been destroyed by fire communicated by a locomotive of the defendant.
Liability. The evidence justifying the finding of liability is ample. It is for the most part undisputed. The plaintiff’s premises adjoined the railroad location, being situated northerly thereof, with the shed nearest the right of way and the long ell and main part extending to Marginal Street. A freight train of the defendant with twelve empty…
2Cited by3 opinions
- Wilde v. Inhabitants of Town of MadisonSupreme Judicial Court of Maine · 1950
- Goodwin v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1936
- Hafford v. Town of AllagashSupreme Judicial Court of Maine · 1997