Bailey Lumber Co. v. Boston & Maine Railroad
Supreme Court of New Hampshire
Case,.to recover for the destruction of the plaintiff’s property May 28, 1914, by a fire claimed to have been set by the defendant’s, locomotive No. 885 while in operation on the Suncook Valley Railroad. Trial by jury and verdict for the plaintiff. Transferred, from the April term, 1915, of the superior court by Chamberlin, J..
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Case,.to recover for the destruction of the plaintiff’s property May 28, 1914, by a fire claimed to have been set by the defendant’s, locomotive No. 885 while in operation on the Suncook Valley Railroad. Trial by jury and verdict for the plaintiff. Transferred, from the April term, 1915, of the superior court by Chamberlin, J.. There was evidence tending to show the engines of the defendant including engine No. 885 operating on this railroad track during the-period from April 1 to July 25, 1914, were all equipped with the.same kind of spark-arresters, were of the same construction, and burned…
1Opinion of the CourtWalker, J.
The plaintiff’s claim at the trial was that the fire was set by sparks thrown off by the defendant’s engine No. 885 while passing the plaintiff’s premises, May 28,1914. The defendant insisted that the spark-arrester used on that engine at that time was so constructed as to render it improbable that live sparks were emitted from the smokestack. The issue there raised related to the liability of sparks to escape from the designated engine at the time of the fire. Upon this issue the burden was upon the plaintiff to make it appear more probable than otherwise that its theory was the correct one.…
2Cases cited11 opinions
- Cook v. New DurhamSupreme Court of New Hampshire · 1887
- Managle v. ParkerSupreme Court of New Hampshire · 1908
- Saucier v. New Hampshire Spinning MillsSupreme Court of New Hampshire · 1903
- Dow v. WeareSupreme Court of New Hampshire · 1895
- Shute v. Exeter Manufacturing Co.Supreme Court of New Hampshire · 1897
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3Cited by2 opinions
- Lovett v. Manchester Street RailwaySupreme Court of New Hampshire · 1932
- Terrell v. PayneSupreme Court of New Hampshire · 1923