Dwight v. Elmira, Cortland & Northern Railroad
New York Supreme Court
Appeal from Tompkins county court. An action by Ira Dwight against the Elmira, Cortland & Northern Railroad Company to recover damages alleged to have been done to his farm by fire escaping from a locomotive of the defendant in July, 1886; the fire having spread to plaintiff’s land, and caused a destruction of growing grass, injury to the turf or sod, and injury and destruction of fruit-bearing apple and cherry trees.
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Appeal from Tompkins county court. An action by Ira Dwight against the Elmira, Cortland & Northern Railroad Company to recover damages alleged to have been done to his farm by fire escaping from a locomotive of the defendant in July, 1886; the fire having spread to plaintiff’s land, and caused a destruction of growing grass, injury to the turf or sod, and injury and destruction of fruit-bearing apple and cherry trees. Judgment upon the report of a referee in favor of plaintiff for $503, and costs. Defendant appeals.
1Opinion of the CourtHarden, P. J.
1. The case and exceptions before us contain no evidence that the referee has settled the case as required by rule 32. The appeal-book contains a printed form in respect to a settlement of the case, but the same is not signed by the referee. Rule 35 provides: “No case or exceptions to be annexed to the judgment roll shall hereafter be filed with the clerk of the court, unless the same is so ordered by the judge or referee who tried the cause. ”
2. The appeal papers do not contain a certificate of the county clerk, as required by section 1353 of the Code of Civil Procedure. The observance of…
2Cited by5 opinions
- In re Falls' EstateNew York Supreme Court · 1890
- Green v. RoworthNew York Court of Common Pleas · 1893
- Bonneford v. De RussyNew York Supreme Court · 1893
- De Mott v. KendrickNew York Supreme Court · 1892
- In re MyrickNew York Supreme Court · 1891