Whitbeck v. New York Central Rail Road
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was brought to recover the damages sustained by the plaintiff by reason of the burning of his clover field and destroying his apple trees, in consequence of the carelessness and negligence of the defendant.
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APPEAL from a judgment entered at a special term, after a trial at the circuit. The action was brought to recover the damages sustained by the plaintiff by reason of the burning of his clover field and destroying his apple trees, in consequence of the carelessness and negligence of the defendant. It was proved that the fire originated at the track of the defendant’s rail road in Pittsford, and was caused by the dropping of coals from the locomotive, upon the dry grass on the track. The plaintiff was examined as a witness, on his • own behalf, and testified to the number and character of the…
1Opinion of the Court
By the Court,
Johnson, J.
The only question in this case, of any importance, is in respect to the damages which the plaintiff was entitled to recover for the fruit trees destroyed by the fire. I am of the opinion that the judge at the circuit was clearly right in instructing the jury that the plaintiff was entitled to recover the value of the trees, as they stood upon his land, at the time of the fire, if he was entitled to recover at all. The object of an action of this kind is to obtain compensation for an actual loss; and this end is perfectly attained when the value of the thing destrayed…
2Cited by29 opinions
- New York, Chicago & St. Louis Railway Co. v. RoperIndiana Supreme Court · 1911
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Gilman v. BrownWisconsin Supreme Court · 1902
- Argotsinger v. . VinesNew York Court of Appeals · 1880
- Lommeland v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
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