Legal Opinion

Fraser v. Tupper

Supreme Court of Vermont

Decided March 15, 1857PublishedCited by 13 opinions

Action on the case for so negligently setting fires upon the defendant’s land, for the purpose of clearing the same, that thereby the plaintiff’s coal upon his land, adjoining that of the defendant’s, was burned. Plea, the general issue; trial by jury, December Term, 1856,— Underwood, J., presiding.

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Action on the case for so negligently setting fires upon the defendant’s land, for the purpose of clearing the same, that thereby the plaintiff’s coal upon his land, adjoining that of the defendant’s, was burned. Plea, the general issue; trial by jury, December Term, 1856,— Underwood, J., presiding. The plaintiff gave evidence tending to prove that the defendant had cleared and burned a piece of land adjoining the plaintiff’s, and that afterwards the defendant set fire to piles of brush upon his land for the purpose of clearing the same, and that the day was windy, the wind blowing from the…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

Under the issue tried by the jury in this case, the general inquiry was made, whether the defendant exercised proper care in setting fire to piles of brush on his land, which he had collected for the purpose of clearing it. On that question the defendant proposed to inquire of witnesses if in their opinion it was a suitable day for setting that fire, taking into consideration the situation and character of the plaintiff’s property. The witnesses, it is stated, were on the land the day the fires were set, and were acquainted with clearing land…

2Cases cited1 opinion

  1. Clifford v. RichardsonSupreme Court of Vermont · 1846

3Cited by13 opinions

  1. Ferguson v. . HubbellNew York Court of Appeals · 1884
  2. Tinney v. CrosbySupreme Court of Vermont · 1941
  3. Railway Co. v. YarboroughSupreme Court of Arkansas · 1892
  4. Crane v. Town of NorthfieldSupreme Court of Vermont · 1860
  5. Pulsifer v. BerrySupreme Judicial Court of Maine · 1895

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