Connecticut Valley Lumber Co. v. Maine Central Railroad
Supreme Court of New Hampshire
Case, for damages caused by a fire alleged to have been set by the defendant. Facts agreed. On July 14, 1911, the plaintiff was the owner of a trestle bridge extending from Auckland in the Province of Quebec and Dominion of Canada to Pittsburg in this state, spanning Hall stream, which is the international boundary at that point. On that date, one of the defendant’s locomotives which it was operating within Auckland set fire to the bridge, which was burned and destroyed.
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Case, for damages caused by a fire alleged to have been set by the defendant. Facts agreed. On July 14, 1911, the plaintiff was the owner of a trestle bridge extending from Auckland in the Province of Quebec and Dominion of Canada to Pittsburg in this state, spanning Hall stream, which is the international boundary at that point. On that date, one of the defendant’s locomotives which it was operating within Auckland set fire to the bridge, which was burned and destroyed. The fire originated in that town, but spread to that part of the bridge located in Pittsburg and destroyed it. The…
1Opinion of the CourtWalker, J.
It is admitted by the plaintiff that its cause of action, if prosecuted in the courts of Canada, is barred,' or may be barred by statutory limitation. The statute referred, to (c. 37, Rev. Stat. Can. 1906) provides in s. 298 for the recovery from a railroad of damages caused by a fire started by a locomotive used by the railroad, whether guilty of negligence or not; and in s. 306 that “All actions or suits for indemnity for any damages or injury sustained by reason of the construction or operation of the railway shall be commenced within one year next after the time when such supposed damage…
2Cases cited12 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Davis v. MillsSupreme Court of the United States · 1904
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Townsend v. JemisonSupreme Court of the United States · 1850
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
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- Hunter v. Derby Foods, Inc.Court of Appeals for the Second Circuit · 1940
- Atkins v. Jones & Laughlin Steel Corp.Supreme Court of Minnesota · 1960
- Hughes Provision Co. v. La Mear Poultry & Egg Co.Missouri Court of Appeals · 1951
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