Briggs v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Buffalo, affirming an order of Special Term denying a motion on the part of the defendant for a new trial. This action was brought to recover the value of an ice-house and contents alleged to have been destroyed by fire by reason of defendant’s negligence. The facts are sufficiently stated in the opinion. The city ordinance was improperly received in evidence, it being irrelevant and incompetent.
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Appeal from order of the General Term of the Superior Court of the city of Buffalo, affirming an order of Special Term denying a motion on the part of the defendant for a new trial. This action was brought to recover the value of an ice-house and contents alleged to have been destroyed by fire by reason of defendant’s negligence. The facts are sufficiently stated in the opinion. The city ordinance was improperly received in evidence, it being irrelevant and incompetent. (Salter v. U & B. R. R. Co., 59 N. Y., 631, 633; Cook v. N. Y. C. & H. R. R. R. Co., 5 Lans., 401, 405.) There was no proof…
1Opinion of the CourtRapallo, J.
At the close of the plaintiffs’ testimony the defendant’s counsel moved for a nonsuit upon two grounds. First. That there was no evidence that the fire took from sparks from the switch-house; and second, that there was no evidence of negligence on the part of the defendant, its agents or servants in using or operating the stove or pipe in the switch-house.
The evidence showed that the pipe of the stove in the switch-house was not more than fifteen feet from the plaintiffs’ ice-house, and about opposite the centre of it, the building being of wood, about 260 feet long, and running nearly…
2Cases cited2 opinions
- Merrick v. . Van SantvoordNew York Court of Appeals · 1866
- Merrick v. BrainardNew York Supreme Court · 1860
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- Dillon v. HuntSupreme Court of Missouri · 1891
- Brewster v. SilversteinAppellate Terms of the Supreme Court of New York · 1912
- White v. . Nassau Trust Co.New York Court of Appeals · 1901
- Crooks v. People's National Bank of MaloneAppellate Division of the Supreme Court of the State of New York · 1902
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