Slingerland v. Norton
New York Supreme Court
Appeal from Ontario county court. Action by Henry Slingerland against William H. Norton. From a judgment of the county court affirming a judgment of a justice’s court defendant appeals.
1Opinion of the CourtDwight, P. J.
The action was for the alleged negligent burning of the plaintiff's timber by fire allowed to escape from the defendant’s fallow. The defendant controverted the allegation of negligence in the setting and management of the fire on his own land, and sought to avoid liability, on the ground that the negligence, if any, was not that of himself, his agents or servants, but of a third person who had taken the contract to clear bis land, fit for the harrow, at an agreed price per acre, and that the means and time of accomplishing that result were not in the defendant’s control. The justice who…
2Cited by5 opinions
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