Boston Excelsior Co. v. Bangor & Aroostook Railroad
Supreme Judicial Court of Maine
On Motion and Exceptions by Dependant. This was an action on the case to recover damages for the loss of real and personal property belonging to the plaintiff company and alleged to have been destroyed by fire communicated by a locomotive engine then owned and operated by defendant company.
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On Motion and Exceptions by Dependant. This was an action on the case to recover damages for the loss of real and personal property belonging to the plaintiff company and alleged to have been destroyed by fire communicated by a locomotive engine then owned and operated by defendant company. Part of the personal property destroyed consisted of split poplar wood of which there was several hundreds of cords and which was piled in part upon the defendant’s land and in part upon the adjoining land of the plaintiff. The plaintiff claimed that it had a lawful right to pile its poplar wood upon…
1Opinion of the CourtWhitehouse, J.
This is an action on the case to recover damages for the destruction of the plaintiff’s property in the town of Milo, May 21, 1896, by fire communicated by a locomotive engine then owned and operated by the defendants.
Section sixty-four of chapter fifty-one of the revised statutes declares that “when a building or other property is injured by fire communicated by a locomotive engine, the corporation using it is responsible for such injury, and it has an insurable interest in the property along the route for which it is responsible, and may procure insurance thereon. But such corporation shall…
2Cases cited7 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Taylor v. Carew Manufacturing Co.Massachusetts Supreme Judicial Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Freeman v. NathanCourt of Appeals of Texas · 1912
- Indiana Clay Co. v. Baltimore & Ohio Southwestern RailroadIndiana Court of Appeals · 1903
- L. R. Martin Timber Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Runnells v. Maine Central RailroadSupreme Judicial Court of Maine · 1963