Putnam v. Harris
Massachusetts Supreme Judicial Court
Tort for alleged negligence in causing the burning over of a woodlot of the plaintiff in Templeton. Writ dated August 8, 1905. In the Superior Court the case was tried before Pierce, J. The following facts were stated in the bill of exceptions : On the day of the fire, April 28, 1903, the plaintiff was the owner of a tract of land in Templeton of about one hundred acres which was covered in the most part by a growth of young pine, spruce, maple and other varieties of wood.
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Tort for alleged negligence in causing the burning over of a woodlot of the plaintiff in Templeton. Writ dated August 8, 1905. In the Superior Court the case was tried before Pierce, J. The following facts were stated in the bill of exceptions : On the day of the fire, April 28, 1903, the plaintiff was the owner of a tract of land in Templeton of about one hundred acres which was covered in the most part by a growth of young pine, spruce, maple and other varieties of wood. The fire burned over a greater portion of this lot. The defendants operated a mill in the village of Baldwinville in…
1Opinion of the CourtLoring, J.
This is an action for negligence against the defendants in setting a fire on their own land, which got beyond control, ran over an intervening lot, and damaged the trees on the plaintiff’s premises.
As one step in proving that the fire was set by direction of the defendants the plaintiff offered to prove by one Putnam the statement of one McNaughton. It appeared that McNaughton died before the action now before us was brought. To the introduction of this evidence the defendants objected. The presiding judge ruled that the admissibility of the testimony depended “ upon whether or not the…
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