Pratt v. Atlantic & St. Lawrence Railroad
Supreme Judicial Court of Maine
Agreed statement of Facts. This was an action on the case, to recover for damages done to growing timber on plaintiff’s land, on the 17th May, 1853, by fire communicated from defendants’ locomotive engine. The writ was dated June 30, 1854. The title of the plaintiff to the premises was admitted; and that the premises were situated near the line of the railroad of defendants, almost three hundred feet distant therefrom.
Read the full summary
Agreed statement of Facts. This was an action on the case, to recover for damages done to growing timber on plaintiff’s land, on the 17th May, 1853, by fire communicated from defendants’ locomotive engine. The writ was dated June 30, 1854. The title of the plaintiff to the premises was admitted; and that the premises were situated near the line of the railroad of defendants, almost three hundred feet distant therefrom. It was also admitted, that the plaintiff’s loss was sustained by reason of fire communicated by the locomotive engine of defendants’, to materials growing and naturally lying…
1Opinion of the CourtTenney, J.
This action is for the recovery of damages done to growing timber, on the plaintiff’s land, by fire from the defendants’ locomotive engine, distant almost three hundred feet from the line of the railroad, communicated to materials growing and naturally lying on the land between the plaintiff’s premises and the railroad track, and thence spreading to the land of the plaintiff.
The suit is sought to be maintained under the statute of 1842, c. 9, § 5, which provides, “when any injury is done to a building, or other property of any person, or corporation, by fire communicated by a locomotive…
2Cited by9 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Wadsworth v. Union Pacific Ry. Co.Supreme Court of Colorado · 1893
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- State ex rel. Lum v. ArchibaldSupreme Court of Minnesota · 1890
4 more not listed; retrieve them via the Exa API.