Billings v. Fitchburgh Railroad
New York Supreme Court
Appeal from circuit court, Saratoga county. Action by Jesse Billings against the Fitchburgh Railroad Company to remover for the negligent burning by defendant of buildings situate near its railway and belonging to plaintiff. There was a verdict for plaintiff for$750. From the judgment entered thereon defendant appeals.
1Opinion of the CourtLearned, P. J.
The learned justice in his charge practically held that there was no evidence to warrant the finding that the defendant was negligent in respect to the construction of the engine. ‘He left it to the jury, however, to determine whether there was negligence on the part of the de • fendant in permitting the accumulation of dry and dead vegetation along the track, and held that if there was such negligence, and if the fire in such vegetatitin caught from sparks emitted by the engine, and then extended to and destroyed plaintiff’s property, there might be a recovery. We need not therefore inquire…
2Cases cited3 opinions
- O'Neill v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1889
- Shepp v. New York Central & Hudson River RailroadNew York Supreme Court · 1889
- Eighme v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1890