Webb v. Rome, Watertown & Ogdensburgh Railroad
New York Supreme Court
This was an appeal by the defendants, upon a case and exceptions, from a judgment entered upon a verdict at the Jefferson county circuit. The plaintiff sued, as the owner of a tract of land adjoining the defendant’s roadway, to recover damages for injuries to his land and the burning of the wood thereon, which he alleged had been caused by the defendant’s negligence, and obtained a verdict for some $950. The facts sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court —
Johnson, J.
It appears from the verdict that the defendant’s locomotive engine, .in passing by the *454plaintiff’s land, dropped and scattered coals from the ash-pan along the track, and that from such coals a fire was kindled upon the defendant’s track, and from thence spread along the side of the track through defendant’s premises to the premises of the plaintiff immediately adjoining, and caused the injury and damage complained of. The judge at the circuit charged the jury that the defendant, having the lawful right to use fire in moving its engines and trains along its track,…
2Cases cited3 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Field v. New York Central RailroadNew York Court of Appeals · 1865
3Cited by2 opinions
- McCoun v. New York Central & Hudson River RailroadNew York Supreme Court · 1873
- Delaware, Lackawanna & Western Railroad v. SalmonSupreme Court of New Jersey · 1877