Legal Opinion

Shepp v. New York Central & Hudson River Railroad

New York Supreme Court

Decided January 19, 1889PublishedCited by 3 opinions

Appeal from eireuil court. Action by Mark Skepp against the New York Central & Hudson River Railroad Company for damages caused by fire from defendant’s locomotive. Defendant appeals from a judgment entered on a verdict for plaintiff, and from an order denying a motion for a new trial.

1Opinion of the CourtKennedy, J.

The action is to recover damages claimed by the plaintiff to have been sustained in the burning of a quantity of wheat growing upon his farm, by Are negligently set by the defendant. The plaintiff is the owner of a farm situate in the town of Manlius, which, on the 12th day of July, 1887, he conducted and carried on. The West Shore Railroad, then run and oper*952ated by the defendant, ran through the same, dividing it. On said 12th day of July the plaintiff had growing upon his land, along the side of said railroad track, several acres of wheat. About 1 o’clock p. m. a train of cars, propelled by…

2Cases cited1 opinion

  1. McCoun v. New York Central & Hudson River RailroadNew York Supreme Court · 1873

3Cited by3 opinions

  1. Billings v. Fitchburgh RailroadNew York Supreme Court · 1890
  2. Loeber v. RobertsThe Superior Court of the City of New York and Buffalo · 1892
  3. Towns v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1889

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