Frace v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the destruction of plaintiff's property by a fire caused by sparks or coals alleged to have been negligently thrown from a passing engine of defendant.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 28, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought to recover damages for the destruction of plaintiff's property by a fire caused by sparks or coals alleged to have been negligently thrown from a passing engine of defendant. The property destroyed was a barn and hotel. The buildings were about forty feet apart. The barn first caught fire and…
1Opinion of the CourtPeckham, J.
Among other questions of fact submitted to the jury, which if found in favor of the plaintiff a verdict for him might be based, was the question whether the system of spark arresters used by defendant was suitable and whether defendant was guilty of any negligence in using that system.
The jury were permitted by the charge of the learned judge to say that the system of spark arresters was not a proper one, and that it was not one of the most approved devices known for the prevention of the escape of sparks or cinders from the engine. The evidence was entirely uncontradicted and tended solely…
2Cases cited3 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Cornish v. . Farm Buildings Fire Ins. Co.New York Court of Appeals · 1878
- Flinn v. New York Central & Hudson River RailroadNew York Court of Appeals · 1894
3Cited by25 opinions
- Hoffman v. . KingNew York Court of Appeals · 1899
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Sisco v. Lehigh & Hudson River Railway Co.New York Court of Appeals · 1895
- Town of North Hempstead v. GregoryAppellate Division of the Supreme Court of the State of New York · 1900
- Kenney v. MeddaughCourt of Appeals for the Sixth Circuit · 1902
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