Metallic Compression Casting Co. v. Fitchburg Railroad
Massachusetts Supreme Judicial Court
Tout against a railroad corporation for negligently severing a hose which was laid across their track in Somerville, and thereby cutting off the supply of water from a fire which was consuming the plaintiffs’ factory, and causing the destruction of the building and its contents.
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Tout against a railroad corporation for negligently severing a hose which was laid across their track in Somerville, and thereby cutting off the supply of water from a fire which was consuming the plaintiffs’ factory, and causing the destruction of the building and its contents. Trial in this court, before Ames, J., who with the consent of the parties withdrew the case from the jury and reported it to this court, to stand again for trial if the plaintiffs could maintain the action on the evidence reported, otherwise the defendants to have judgment. The substance of the evidence is stated in…
1Opinion of the CourtChapman, C. J.
The case is reserved upon the evidence offered by the plaintiffs. That evidence would authorize the jury to find substantially as follows:
On the 24th of January 1870, a little before midnight, the plaintiffs’ manufacturing establishment was discovered to be on fire. The buildings were situated in Somerville, about fifty feet south of the track of the Fitchburg Railroad. Two fire engines were soon brought upon the ground, belonging to the Somerville fire department, and one from Cambridge. Not being able to procure a supply of water otherwise, they laid the hose across the track, under the…
2Cases cited1 opinion
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
3Cited by60 opinions
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- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
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