Lyons v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Tort, under the statutes named by the court, for the burning of the house and barn and certain personal property of the plaintiff by fire communicated by a locomotive engine of the defendant. Writ dated September 25, 1896. In the Superior Court the case was tried before Dewey, J., without a jury.
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Tort, under the statutes named by the court, for the burning of the house and barn and certain personal property of the plaintiff by fire communicated by a locomotive engine of the defendant. Writ dated September 25, 1896. In the Superior Court the case was tried before Dewey, J., without a jury. It appeared, that the plaintiff owned the buildings and that they were burned on June 15, 1895; that the buildings were subject to a mortgage to the Arlington Savings Bank, and were insured against fire in the Middlesex Mutual Fire Insurance Company, by a policy dated September 1,1893, the house for…
1Opinion of the CourtKnowlton, J.
This action was brought under the Pub. Sts. c. 112, § 214, as amended by the St. 1895, c. 293 (R. L. c. 111, § 270), to recover for an injury to the plaintiff’s property by fire communicated by one of the defendant’s locomotive engines. The Public Statutes create a liability in such cases, and the amendment provides as follows: “ In case such railroad corporation is held responsible in damages it shall be entitled to the benefit of any insurance effected upon such property by the owner thereof, less the cost of premium and expense of recovery. The money received as insurance shall be deducted…
2Cases cited4 opinions
- Jackson Co. v. Boylston Mutual InsuranceMassachusetts Supreme Judicial Court · 1885
- Fayerweather v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Attleborough Savings Bank v. Security InsuranceMassachusetts Supreme Judicial Court · 1897
- Insurance Co. of North America v. EastonTexas Supreme Court · 1889
3Cited by10 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
- Rhinehart v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1916
- Boston & Maine Railroad v. Hartford Fire InsuranceMassachusetts Supreme Judicial Court · 1925
- New England Box Co. v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1912
- Boston Ice Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
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