Haskell v. Northern Adirondack Railroad
New York Supreme Court
Appeal from circuit court, Franklin county. Action by John M. Haskell against the Northern Adirondack Bailroad Company for destruction of plaintiff’s trees by fire alleged to have been set by one of defendant’s locomotives. • There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtMayham, P. J.
We think all the questions raised on this appeal were correctly disposed of by this court on a former argument, as reported in 21 N. Y. Supp. 234, unless this court erred in sustaining the decision of the trial judge, wherein he allowed evidence of the value of the standing fruit trees destroyed by the fire, instead of the difference in value of the land on which they stood, by reason of their destruction. In deciding this case on the former argument, this court followed the decision in Whitbeck v. Bailroad Co., 36 Barb. 644. That was an action for damages for the destruction of plaintiff’s…
2Cases cited8 opinions
- Miller v. . BarberNew York Court of Appeals · 1876
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Argotsinger v. . VinesNew York Court of Appeals · 1880
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
- Hoffman v. . ConnerNew York Court of Appeals · 1879
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3Cited by1 opinion
- Kilby v. ErwinSupreme Court of Vermont · 1911