Calkins v. Barger
New York Supreme Court
APPEAL from an order of the county court of Sullivan' county setting aside a nonsuit, and granting a new trial, The action was commenced against the defendant before a justice of the peace of Sullivan county for negligently setting fire upon his own lands, and carelessly and negligently suffering said fire to escape from said premises, whereby the plaintiff’s barn, and other property, were destroyed.
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APPEAL from an order of the county court of Sullivan' county setting aside a nonsuit, and granting a new trial, The action was commenced against the defendant before a justice of the peace of Sullivan county for negligently setting fire upon his own lands, and carelessly and negligently suffering said fire to escape from said premises, whereby the plaintiff’s barn, and other property, were destroyed. Upon the trial before the justice the plaintiff recovered damages to the amount of $187.50. The defendant appealed to the county court, and the cause was there retried, and the plaintiff was…
1Opinion of the Court
By the Court, Miller, J.
Upon the trial of this cause before the county court it appeared that the defendant, in the early part of the month of May, 1862, set fire to some log heaps on his premises, which were old and damp, and situated from five to ten rods from the defendant’s house, and about one third of a mile from the plaintiff’s barn. The land where the fire was set was damp and near a swamp, and had been burned the year previous. It was a dry time, it not having rained for two or three weeks. The defendant's hired man left him the same day of the fire, which was two days after it was…
2Cases cited2 opinions
- Clark v. FootNew York Supreme Court · 1811
- Stuart v. HawleyNew York Supreme Court · 1856
3Cited by10 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Louisville & Portland Canal Co. v. MurphyCourt of Appeals of Kentucky · 1872
- Pittsburgh, Cincinnati & St. Louis R. W. Co. v. CulverIndiana Supreme Court · 1878
- Pennsylvania Co. v. WhitlockIndiana Supreme Court · 1884
- Pfeiffer v. AueCourt of Appeals of Texas · 1908
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