Coolidge v. Rome, W. & O. Railroad
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Thomas Coolidge against the Rome, Watertown & Ogdensburgh Railroad Company for negligently setting fire to plaintiff’s property. The plaintiff is the owner of a farm in the town of Philadelphia, Jefferson county, lying adjacent to and either side of the track of the defendant.
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Appeal from circuit court, Jefferson county. Action by Thomas Coolidge against the Rome, Watertown & Ogdensburgh Railroad Company for negligently setting fire to plaintiff’s property. The plaintiff is the owner of a farm in the town of Philadelphia, Jefferson county, lying adjacent to and either side of the track of the defendant. Portions of it were burnt over and injured by fire in June and July, 1886, and in July, 1887. It is alleged that on each occasion the fire was communicated to plaintiff’s fields by coals of fire and sparks from defendant’s locomotives that were improperly…
1Opinion of the CourtMeewin, J.
The claim of the appellant is that the evidence in this ease does not warrant the finding that the property of the plaintiff has been injured by reason of any negligence of this defendant in the construction or management of its engines. There is substantially no dispute but that the fire which injured the fields of the plaintiff originated upon or near the track of defendant, and spread from that point onto plaintiff’s property. There is evidence tending to show that the fire upon each of the different occasions started from live coals dropped from the engine upon the track, and that coals…
2Cases cited1 opinion
- Field v. New York Central RailroadNew York Court of Appeals · 1865
3Cited by1 opinion
- Eighme v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1890