Babbitt v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie Railroad Company, from a judgment of the County Court of Wyoming comity in favor of the plaintiff, entered in the office of the clerk of the county of Wyoming on the 29th day of October, 1904, upon the report of a referee.
1Opinion of the Court
Chase, J.:
' The plaintiff was the owner of certain furniture in a house, which with the furniture was consumed by fire on the 23d day of *75April, 1902. She claims that the fire originated from sparks emitted from an engine drawing a train over the defendant’s road, and that her furniture was destroyed by reason of the negligence of the defendant in operating its said engine and in allowing said engine to be used in a defective condition. The referee found “ that the said fire was caused by sparks which issued from one of the defendant’s locomotives known as No. 891 and the said fire was due to…
2Cases cited10 opinions
- Bedell v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- O'Neill v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1889
- Frace v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
- Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Peck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
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