Nichols v. Lehigh Valley Railroad
New York County Courts
Appeal by the defendant from a judgment of a justice’s court of the town of Dix, in favor of the plaintiffs, rendered upon a trial before a justice without a jury.
1Opinion of the CourtNye, J.
This action was brought to recover damages alleged to have been occasioned by a fire negligently set by the defendant or its employees. The negligence complained of consisted in allowing to accumulate, upon the defendant’s right of way, inflammable material which was liable to become ignited from sparks emitted from passing locomotives. The evidence shows that, in the fall or summer of 1906, the defendant caused the grass and weeds along its right of way to be mowed, which it then permitted to lie in the swath, upon the ground; that, on or about March 20, 1907, a fire started in this material…
2Cases cited6 opinions
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Hoffman v. . KingNew York Court of Appeals · 1899
- Sanger v. . FrenchNew York Court of Appeals · 1898
- O'Neill v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1889
- Brown v. Buffalo, Rochester & Pittsburgh RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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