Fay v. Boston & Worcester Street Railway Co.
Massachusetts Supreme Judicial Court
Two ACTIONS OF TORT, the first, originally brought by J. Henry Robinson, late of Southborough, and afterwards prosecuted by the executors under his will, against the Boston and Worcester Street Railway Company, a corporation, and other parties as against whom the plaintiff afterwards discontinued the action, and the second by the same executors against James F. Shaw and Edward P. Shaw, copartners doing business under the name of James F. Shaw and Company, to recover for the…
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Two ACTIONS OF TORT, the first, originally brought by J. Henry Robinson, late of Southborough, and afterwards prosecuted by the executors under his will, against the Boston and Worcester Street Railway Company, a corporation, and other parties as against whom the plaintiff afterwards discontinued the action, and the second by the same executors against James F. Shaw and Edward P. Shaw, copartners doing business under the name of James F. Shaw and Company, to recover for the destruction by fire of woods and standing timber on land of the plaintiff. . Writs dated respectively January 28, 1904,…
1Opinion of the CourtKnowlton, C. J.
The most important question in these two cases involves an interpretation of the E. L. c. Ill, § 270, which creates an absolute liability, on the part of railroad corporations, for damages to property by fire communicated by their locomotive engines. The plaintiffs’ tract of woodland is alleged to have been injured by fire from an engine, used upon a track in the construction of a street railway for the defendant in the first action, by contractors who aré the defendants in the second action. We are called upon to determine the meaning of the statute in its application to cases of this kind.
Th…
2Cases cited5 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- Eastern Railroad v. Relief Firf InsuranceMassachusetts Supreme Judicial Court · 1868
- Cooper v. AdamsMassachusetts Supreme Judicial Court · 1850
- Barlow v. NelsonMassachusetts Supreme Judicial Court · 1892
- Augur Steel Axle & Gearing Co. v. WhittierMassachusetts Supreme Judicial Court · 1875
3Cited by9 opinions
- Lowrie v. CastleMassachusetts Supreme Judicial Court · 1916
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Siegel v. KnottMassachusetts Supreme Judicial Court · 1944
- Grandchamp v. CostelloMassachusetts Supreme Judicial Court · 1935
- City of Revere v. BlausteinMassachusetts Supreme Judicial Court · 1943
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