Field v. New York Central Railroad
New York Court of Appeals
Appeal from judgment of the Supreme Court. The action was for negligently communicating fire by the defendants to the plaintiff’s wood, fence and soil, and burning the same. The cause was tried at the Monroe Circuit in October, 1857, before Mr. Justice Johnson and a jury. It appeared on the trial that the plaintiff owned a farm of 40 acres, Similes west of Rochester, and contiguous to and north of the defendants’ railroad.
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Appeal from judgment of the Supreme Court. The action was for negligently communicating fire by the defendants to the plaintiff’s wood, fence and soil, and burning the same. The cause was tried at the Monroe Circuit in October, 1857, before Mr. Justice Johnson and a jury. It appeared on the trial that the plaintiff owned a farm of 40 acres, Similes west of Rochester, and contiguous to and north of the defendants’ railroad. In October, 1854, he had 167-i cords of wood piled in a field, some twenty-five rods from the railroad track, and remote from buildings or fire. On the night of the 7th of…
1Opinion of the CourtWright, J.
There are two exceptions in the case; the principal one being to a denial of a motion for a nonsuit. The defendants contended that there was not sufficient evidence to carry the case to the jury, upon the question whether they negligently caused the fire which destroyed the plaintiffs property. The judge differed with them as to the force and strength of the evidence, and declined to nonsuit. Was this error \
It it not now pretended that the evidence to establish the origin or cause of the fire was too weak and inconclusive for the consideration of the jury. FTo point is made that it is…
2Cases cited2 opinions
- Rood v. New-York & Erie RailroadNew York Supreme Court · 1854
- Field v. New York Central Rail RoadNew York Supreme Court · 1859
3Cited by46 opinions
- City of Delphi v. LoweryIndiana Supreme Court · 1881
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. HixonIndiana Supreme Court · 1887
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