Rood v. New-York & Erie Railroad
New York Supreme Court
This was an appeal by the defendants, from a judgment entered upon the report of a referee. The opinion of the court contains all the material facts.
1Opinion of the Court
By the Court, Mason, J.
This is an. action brought to recover damages of the defendants for the burning of the plaintiff’s woods and fences, by sparks communicated from the defendants’ engines while running upon their road. The evidence upon which the plaintiff seeks to charge the defendants with, *82liability, consists simply in the proof made by persons who were at work at some distance from the place where the fire was first discovered, and upon the opposite side of the Susquehanna river, and who testified that they saw a train of cars pass, and from 5 to 10'minutes thereafter saw the fire…
2Cases cited1 opinion
- Moshier v. Utica & Schenectady RailroadNew York Supreme Court · 1850
3Cited by35 opinions
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. HixonIndiana Supreme Court · 1887
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Field v. New York Central RailroadNew York Court of Appeals · 1865
- Longabaugh v. Virginia City & Truckee RailroadNevada Supreme Court · 1874
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