Wall v. Platt
Massachusetts Supreme Judicial Court
Tort, under Pub. Sts. c. 112, § 214, against Thomas C. Platt and Marsden J. Perry, receivers of the New York and New England Railroad Company, to recover for the loss of the plaintiff’s buildings and their contents, and other property in Norfolk, by lire communicated by a locomotive engine on May 16, 1894. At the trial in the Superior Court, before Sheldon, J., the jury returned a verdict for the plaintiff; and the judge reported the case for the determination of this court.
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Tort, under Pub. Sts. c. 112, § 214, against Thomas C. Platt and Marsden J. Perry, receivers of the New York and New England Railroad Company, to recover for the loss of the plaintiff’s buildings and their contents, and other property in Norfolk, by lire communicated by a locomotive engine on May 16, 1894. At the trial in the Superior Court, before Sheldon, J., the jury returned a verdict for the plaintiff; and the judge reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
This is an action against the defendants as receivers of the New York and New England Railroad Company, to enforce an alleged liability arising under Pub. Sts. c. 112, § 214.
The defendants were appointed by the United States Circuit Court for the District of Massachusetts. It does not appear that *399leave to bring this action has been granted by that court. But there seems to be no doubt that the action can be brought without leave. We understand the defendants to concede that it can. See U. S. St. of March 3,1887, § 3, 24 U. S. Sts. at Large, 552; U. S. St. of August 13,1888, §§ 2, 3, 25 ü. S.…
2Cases cited42 opinions
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- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
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