Hoffman v. . King
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 16, 1898, affirming a judgment in favor of plaintiff entered Upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, far as material, are stated in the opinions. Ho negligence of the railroad company in caring for the right of way was established.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 16, 1898, affirming a judgment in favor of plaintiff entered Upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, far as material, are stated in the opinions. Ho negligence of the railroad company in caring for the right of way was established. (Clark v. Foot, 8 Johns. 421; Stuart v. Hawley, 22 Barb. 619 ; Calkins v. Barger, 44 Barb. 424; Frace v. N. Y., L. E. & W. R. R. Co., 143 N. Y. 182; Laidlaw v. Sage, 158 N. Y. 73 ; Kaplan…
1Dissent
Vann, J. (dissenting).
We must assume from the record before us that the defendants, during a dry time, and when a high wind was blowing, negligently started a fire on the lands of the railroad corporation represented by them as its receivers, and that such fire spread in a continuous and direct line over woodlands belonging to several proprietors for a distance of about two miles to those of the plaintiff, and there destroyed fences and standing timber, belonging to her, worth seventy-five dollars. All the lands burned over were forest lands, except those of the railroad company, which…
2Cases cited11 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Webb v. . R., W. and O.R.R. Co.New York Court of Appeals · 1872
- Pollett v. . LongNew York Court of Appeals · 1874
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