Webb v. Rome, Watertown & Ogdensburgh Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 3 Lans., 453.) The action was brought to recover damages for injuries to plaintiff’s woodland, alleged to have been occasioned by-defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 3 Lans., 453.) The action was brought to recover damages for injuries to plaintiff’s woodland, alleged to have been occasioned by-defendant’s negligence. Plaintiff was the owner of a farm in the town of Ellis-burgh, Jefferson county, upon which was about six acres of woodland, adjoining defendant’s road. On the 27th of August, 1867, in a time of extreme drouth, one of the defendant’s locomotives in passing along…
1Opinion of the CourtFolgeb, J.
I think that the question whether the defendant was negligent in kindling the fire, was properly left to the jury to decide. It is true that employees of the defendant who were called as witnesses, did testify with more or less-positiveness and particularity, that the engines of the defendant, and the one engine especially complained of, were fitted with all the best appliances in known practical use for the prevention of the escape of fire; and that the engines and this engine and these appliances were in good order at the time of the fire. On cross-examination however, most if not all *424of…
2Cases cited4 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
3Cited by10 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Longabaugh v. Virginia City & Truckee RailroadNevada Supreme Court · 1874
- Leavitt v. Bangor & Aroostook RailroadSupreme Judicial Court of Maine · 1897
- Moulton v. BeecherNew York Supreme Court · 1876
- Martin v. New York, Ontario & Western Railway Co.New York Supreme Court · 1891
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