O'Reilly v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from a judgment of the County Court of Sullivan county in favor of the plaintiffs, entered in the office of the clerk of the county of Sullivan on the 16th day of February, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the -20th day of February, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Erie Railroad Company, from a judgment of the County Court of Sullivan county in favor of the plaintiffs, entered in the office of the clerk of the county of Sullivan on the 16th day of February, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the -20th day of February, 1901, denying the defendant’s motion for a new trial made upon the minutes. The action is to recover damages from the defendant for negligently permitting dry and inflammable material to accumulate on its. right of way, which was ignited by sparks from its…
1Opinion of the Court
Parker, P. J.:
Under the rule of law which was adopted at the trial, the plaintiffs were obliged to establish two facts in order to recover in this action. The first was, that the defendant had negligently permitted dry and inflammable material to accumulate along its track opposite the plaintiffs’ lands and to be in a condition liable to be ignited from sparks ejected from its engines. The second was that the fires in question were actually ignited in this material by sparks from the engines which passed but a short time before the fires were discovered.
As to the fact first above stated, the…
2Cases cited3 opinions
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- O'Neill v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1889
- Frace v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
3Cited by3 opinions
- White v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Smith v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Babbitt v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905