Legal Opinion

Perley v. Eastern Railroad

Massachusetts Supreme Judicial Court

Decided January 15, 1868PublishedCited by 43 opinions

Tort, on the Gen. Sts. c. 63, § 101,* for injury to the plaintiff’s woodland, alleged to have been caused by fire communicated by the defendants’ locomotive engine.

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Tort, on the Gen. Sts. c. 63, § 101,* for injury to the plaintiff’s woodland, alleged to have been caused by fire communicated by the defendants’ locomotive engine. At the trial in the superior court, before Eevens, J., it appeared in evidence that the plaintiff owned a lot of woodland, comprising thirty-five acres, lying substantially parallel with the defendants’ branch railroad in Middleton, about half a mile distant from the track, from which it was separated by intervening lots of various proprietors, and by an old road; that on September 30,1865, just after a train had passed over the…

1Opinion of the CourtChapman, J.

Under the instructions of the presiding judge the jury must have found that the fire which destroyed the plaintiff’s property proceeded from the defendants’ locomotive, and came in a direct line, and without any break, to the plaintiff’s property. But in reaching the plaintiff’s land it went across the land of three or four different parties which lay between the plaintiff’s land and the railroad track, and the distance to the plaintiff’s land was about half a mile. It was fed on its way by grass, stubble, and woodland. The defendants contend that they are not liable for this injury, because…

2Cases cited1 opinion

  1. Cooper v. AdamsMassachusetts Supreme Judicial Court · 1850

3Cited by43 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
  3. Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  4. Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
  5. Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871

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