Van Nostrand v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from circuit court, Allegany county. Action by William Van Ñostrand against the New York, Lake Erie & Western Railroad Company to recover damages caused by fire. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes of the court, defendant appeals.
1Opinion of the CourtDwight, P. J.
The action was to recover damages for the burning of a sawmill and appurtenant buildings of the plain (iff, caused, as alleged, by fire communicated by sparks from a locomotive engine of the defendant. There was but one engine in question, which *626was perfectly well identified, and to which all the testimony related. It was an extension front engine, and, as was conceded by the plaintiff and charged by^ the court, its appliances for arresting sparks were, in device and original construction, the best known to be in use. There were, therefore, but two possible grounds upon which the plaintiff…
2Cases cited2 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
3Cited by3 opinions
- Continental Insurance v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1906
- Dougherty v. KingAppellate Division of the Supreme Court of the State of New York · 1897
- Weeks v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1901