McGinn v. Platt
Massachusetts Supreme Judicial Court
Tort, for the loss of a house by fire communicated by locomotive engines running on a railroad operated by the defendants as receivers. At the trial in the Superior Court, without a jury, before Sherman, J., it appeared that there were outstanding mortgages on the premises, and that they had been covered by insurance which was paid to the plaintiff.
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Tort, for the loss of a house by fire communicated by locomotive engines running on a railroad operated by the defendants as receivers. At the trial in the Superior Court, without a jury, before Sherman, J., it appeared that there were outstanding mortgages on the premises, and that they had been covered by insurance which was paid to the plaintiff. The defendants requested the following rulings : 1. There is no sufficient evidence to warrant a verdict for the plaintiff. 2. The amount of the money paid to the plaintiff under the insurance policy must be deducted from any verdict rendered. 3.…
1Opinion of the CourtHammond, J.
The defendants having waived their exceptians to the refusal of the court to give the second and third rulings requested, the only questions before us are whether there was sufficient evidence to warrant a finding that the fire was communicated by the engines, and whether the evidence of sparks and fires on other occasions was admissible.
The house was a frame dwelling-house with shingled roof, and was situated near the railroad and at a lower level, so that the roof was nearly on a level with the track. The plaintiff testified that she should say the distance between the house and the…
2Cases cited3 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Annapolis & Elkridge Railroad v. GanttCourt of Appeals of Maryland · 1873
- Wild v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1898
3Cited by9 opinions
- Robitaille v. Netoco Community Theatre of North Attleboro, Inc.Massachusetts Supreme Judicial Court · 1940
- Young v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1931
- Highland Foundry Co. v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Bowen v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1901
- Bradford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
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