McCoun v. New York Central & Hudson River Railroad

By the Court,

Talcott, J.

This action is brought upon the allegation that the defendant by its servants, &c., negligently set fire to and destroyed the plaintiff’s raspberry patch, of about two acres. The fire was started by means of a burning brand thrown from a passing locomotive on to the defendant’s own land, where it set fire to the grass, and the fire thus spread to and was communicated to the raspberry patch which adjoined. It was not shown that the person who threw off the brand was in the employ of the defendant. It was shown that the person who threw off the brand was upon the engine,…