White v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 27th day of April, 1903, upon the verdict of a jury for $733, and also from an order entered in said clerk’s office on the 11th day of April, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
This action was brought by plaintiff to recover the value of a house and of certain personal property destroyed by a fire' which it . was claimed was caused by a spark negligently permitted to escape from one of defendant’s passing engines. Various grounds of negligence were alleged in plaintiff’s complaint, but the learned trial justice before whom the case was tried permitted a recovery solely upon the ground that the spark arrester in the engine was not in proper condition and that defendant had not used proper care in inspecting it.
We think that the evidence did not warrant…
2Cases cited4 opinions
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Brown v. Buffalo, Rochester & Pittsburgh RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- O'Reilly v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Jacobs v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Rivera Maldonado v. Central Pasto Viejo, Inc.Supreme Court of Puerto Rico · 1932
- Smith v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1914
- Rivera Maldonado v. Central Pasto Viejo, Inc.Supreme Court of Puerto Rico · 1932