Stafford v. New York Central Railroad

Opinion by

Trexler, J.,

The plaintiffs owned land which touched the right-of-way of the defendant company. On March 25, 1920, a fire burned over the right-of-way into the plaintiffs’ land and destroyed approximately 57 acres of young trees. The plaintiffs claim that the negligence of the company was the cause of the fire. Their damages in this case do not arise by reason of any faulty construction of the engine or of negligence in its operation, but because weeds, grass and other combustible material, which had been cut in previous years on the right-of-*410way were allowed to accumulate up to…