Bowen v. Boston & Albany Railroad
Massachusetts Supreme Judicial Court
Tort to recover damages on account of the destruction by fire of the grist mill of the plaintiffs with its additions and fixtures and the personal property therein contained, alleged to have been caused by a spark from a locomotive engine of the defendant, the first count being at common law and the second under Pub.
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Tort to recover damages on account of the destruction by fire of the grist mill of the plaintiffs with its additions and fixtures and the personal property therein contained, alleged to have been caused by a spark from a locomotive engine of the defendant, the first count being at common law and the second under Pub. Sts. c. 112, § 214. Writ dated June 11, 1898. At the trial in the Superior Court, before Maynard, J., the case was submitted to the jury upon the second count on the sole question whether the fire was caused by sparks from the defendant’s engine. The jury found for the…
1Opinion of the CourtMorton, J.
This is an action to recover damages for the burning of the plaintiffs’ mill and contents by a fire alleged to have been communicated by the locomotive engines of the defendant. There was a verdict for the plaintiffs, and the case is here on exceptions by the defendant to various rulings and refusals to rule by the presiding judge which we shall consider only so far as relied on by the defendant at the argument, treating the others as waived.
I. The defendant excepted to the admission of certain evidence which the plaintiffs were allowed to introduce in rebuttal tending to show that diamond…
2Cases cited6 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Cooper v. AdamsMassachusetts Supreme Judicial Court · 1850
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- West v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1887
- Wild v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sponatski's CaseMassachusetts Supreme Judicial Court · 1915
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Joseph Galvin v. William H. Jennings, Individually and Trading as Poison Pete's TavernCourt of Appeals for the Third Circuit · 1961
- Young v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. SokorelisMassachusetts Supreme Judicial Court · 1926
9 more not listed; retrieve them via the Exa API.