Hewey v. Nourse
Supreme Judicial Court of Maine
ON ExcbptioNS from Nisi Prius, DickersoN, J., presiding. Case, for damages caused by a fire, kindled upon the defendant’s land, for the purposes of husbandry, which spread upon the plaintiff’s woodland.
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ON ExcbptioNS from Nisi Prius, DickersoN, J., presiding. Case, for damages caused by a fire, kindled upon the defendant’s land, for the purposes of husbandry, which spread upon the plaintiff’s woodland. The fire was kindled on the morning of 21st Juno, and the piece all burned over that day; none of the fire got off of said piece until ten o’clock, A. M., of the 23d June, when a violent wind arose and carried some of the smoldering fire from the burnt piece, sixteen rods, to the' plaintiff’s woodland, where, by reason of the wind, it spread and burned so rapidly that it was beyond human…
1Opinion of the Court
DiCKERSON, 'J.
This is an action of the case, charging the defendant with kindling a fire upon his own land, for a lawful purpose, " at an unsuitable time and in a careless, and imprudent manner,” and that the fire, for want of proper care on his part, "spread, and caused great damage to the plaintiff’s woodland, down timber, wood and bark.” No reference is made in the writ to the statute upon the subject; and .the declaration appears to be drawn according to the usual formula where the remedy is sought at common law. As the statute does not abrogate the common law, but is rather a substantial…
2Cited by13 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Reynolds v. W. H. Hinman Co.Supreme Judicial Court of Maine · 1950
- Jones v. Michigan Central RailroadMichigan Supreme Court · 1886
- Lieuallen v. MosgroveOregon Supreme Court · 1900
- Mahaffey v. J. L. Rumbarger Lumber Co.West Virginia Supreme Court · 1907
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