Fero v. . the Buffalo and State Line Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. Action for negligently setting fire to the plaintiff’s house. Upon the trial, these facts were proved: The plaintiff was the owner and in the occupation of a hotel at Dunkirk, fronting upon the defendant’s track, about thirty feet distant therefrom. An addition to the hotel was in the course of erection, and in the hands of the carpenters and masons at the time of the accident.
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Appeal from the Supreme Court. Action for negligently setting fire to the plaintiff’s house. Upon the trial, these facts were proved: The plaintiff was the owner and in the occupation of a hotel at Dunkirk, fronting upon the defendant’s track, about thirty feet distant therefrom. An addition to the hotel was in the course of erection, and in the hands of the carpenters and masons at the time of the accident. On that day a freight train arrived at its usual time, and as it had arrived for several months before. It stopped upon the track opposite to the plaintiff’s house, towards which the wind…
1Opinion of the CourtBacon, J.
The two questions which are presented by this case, arise upon the exceptions taken to the charge of the judge upon the trial and his refusals to charge as requested by the defendants’ counse: and these questions pertain, firstly, \ to the degree of negligence imputed to and chargeable upon Mhe defendants; and, secondly, whether there was negligence on the part of the plaintiff, which concurred in producing the Y result. The jury have found upon both points submitted to them in favor of the plaintiff, and the inquiry now is whether there was any error of law in the manner in which these…
2Cases cited3 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Rood v. New-York & Erie RailroadNew York Supreme Court · 1854
3Cited by48 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- LeRoy Fibre Co. v. Chicago, Milwaukee & St. Paul RailwaySupreme Court of the United States · 1914
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