Hays v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 6 Hun, 320.) , This action was brought to recover damages for injuries by fire to the lands of Patrick Hays, plaintiffs’ intestate, alleged to have been caused by the negligence of defendant.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 6 Hun, 320.) , This action was brought to recover damages for injuries by fire to the lands of Patrick Hays, plaintiffs’ intestate, alleged to have been caused by the negligence of defendant. The facts as found by the referee in his report, were substantially as follows: . Defendant and , Hays owned adjoining lands in the town of Stockholm, St. Lawrence county. • Defendant’s land was burned over…
1Opinion of the CourtBapallo, J.
The question in this case was, whether, in the burning of his fallow, the defendant was guilty of negligence which rendered him liable for the damage done by the spreading of the fire which he set, to the adjoining timber land of the plaintiff’s testator. The referee, instead of passing upon this question directly as one of fact, made special findings of the circumstances attending the burning, and. from these circumstances found as a conclusion of law that the defendant was guilty of negligence, and it is now claimed, upon. the part of the appellant, that it is the duty of this-court to…
2Cases cited1 opinion
- Grant v. . MorseNew York Court of Appeals · 1860
3Cited by17 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Day v. . Town of New LotsNew York Court of Appeals · 1887
- Bunting v. Central Pacific RailroadNevada Supreme Court · 1879
- New York Lubricating Oil Co. v. PuseyCourt of Appeals for the Second Circuit · 1914
12 more not listed; retrieve them via the Exa API.