Bassett v. Connecticut River Railroad
Massachusetts Supreme Judicial Court
Tort, under the Pub. Sts. e. 112, § 214,* for loss of the plaintiff’s goods by fire communicated by a locomotive engine of the defendant. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows : The defendant owns and operates a railroad in this Commonwealth. On March 30, 1887, the freight depot of the defendant at Chicopee was destroyed by fire.
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Tort, under the Pub. Sts. e. 112, § 214,* for loss of the plaintiff’s goods by fire communicated by a locomotive engine of the defendant. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows : The defendant owns and operates a railroad in this Commonwealth. On March 30, 1887, the freight depot of the defendant at Chicopee was destroyed by fire. The fire was caused by sparks from the defendant’s locomotive engine, which set fire to bales of cotton standing on the platform of said depot. The…
1Opinion of the CourtKnowlton, J.
The plaintiff lost his goods by fire in the defendant’s freight-house, and he seeks to recover their value under the Pub. Sts. c. 112, § 214. The statute invoked is remedial, and has been liberally construed in favor of those for whose benefit it was enacted. The decisions indicate that it applies to property of every kind, and in any place where fire may be communicated by a locomotive engine. Hart v. Western Railroad, 13 Met. 99. Lyman v. Boston & Worcester Railroad, 4 Cush. 288. Trask v. Hartford & New Haven Railroad, 16 Gray, 71. Ross v. Boston & Worcester Railroad, 6 Allen, 87. Quigley…
2Cases cited1 opinion
- Cooper v. AdamsMassachusetts Supreme Judicial Court · 1850
3Cited by7 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Bassett v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1889
- New England Box Co. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
- Thatcher v. Maine Central RailroadSupreme Judicial Court of Maine · 1893
- Walker v. EikleberrySupreme Court of Oklahoma · 1898
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