Leavitt v. Bangor & Aroostook Railroad
Supreme Judicial Court of Maine
On Motion by Defendant. This was an action brought against the defendant corporation to recover damages for alleged negligence on its part in placing a cooking-car together with a sleeping-car on its spur-track, in the city of Old Town, in such close proximity to the mill of the plaintiff that a spark from a funnel in the cooking-car, as the plaintiff alleges, communicated fire to his, the plaintiff’s mill, whereby and on account of which it was burned and consumed.
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On Motion by Defendant. This was an action brought against the defendant corporation to recover damages for alleged negligence on its part in placing a cooking-car together with a sleeping-car on its spur-track, in the city of Old Town, in such close proximity to the mill of the plaintiff that a spark from a funnel in the cooking-car, as the plaintiff alleges, communicated fire to his, the plaintiff’s mill, whereby and on account of which it was burned and consumed. The first count in the plaintiff’s declaration is as follows :— In a plea of the case, for that the said plaintiff at Old Town…
1Opinion of the CourtHaskell, J.
This is an action of case, by the owner of a lumber mill, against a railroad company for burning the same by fire communicated from the premises of the company.
The first count charges the defendant with negligently maintaining a cooking-car, in which a fire was kept, on its premises so near to the plaintiff’s mill as to endanger its safety, whereby the same was burned. In short, with maintaining a nuisance from which danger ensued.
The second count charges the defendant with negligence in the management of its fire so kept in the cooking-car, by reason whereof the plaintiff’s mill was burned.
Th…
2Cases cited8 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Sturges v. Society for the Promotion of Theological Education at CambridgeMassachusetts Supreme Judicial Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- C.N. Brown Co. v. GillenSupreme Judicial Court of Maine · 1990
- Levesque v. Fraser Paper LimitedSupreme Judicial Court of Maine · 1963
- Hoff v. ShockleySupreme Court of Iowa · 1904
- Ward v. Inter-Island Steam Navigation Co.Hawaii Supreme Court · 1915
- Taute v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.