Frier v. President of Delaware & H. Canal Co.
New York Supreme Court
Appeal from Broome county court. Action by Angeline Frier against.the president, managers, and company of the Delaware & Hudson Canal Company for damages caused by ,fire alleged to have resulted from defendant’s negligence. From a judgment of the county court affirming a judgment of the justice’s court rendered in favor of plaintiff for $150, damages and costs, defendant appeals.
1Opinion of the CourtHardin, P. J.
Assuming that the evidence sufficiently shows that the damages sustained by the plaintiff in the loss of her fence were occasioned by the fire communicating from the premises of the defendant to the premises of the plaintiff, according to the doctrine laid down in Webb v. Railroad Co., 49 N. Y. 420, it was incumbent upon the plaintiff to give evidence to establish the allegation of the complaint that the defendant had been guilty of negligence in causing the fire upon its own premises. In the Webb Case it was said there was abundant • evidence to require the submission to the jury of the…
2Cases cited3 opinions
- Frace v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1894
- Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Flinn v. New York Central & Hudson River RailroadNew York Court of Appeals · 1894
3Cited by6 opinions
- Minneapolis Sash & Door Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1901
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Brown v. Buffalo, Rochester & Pittsburgh RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Miller v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895
- Peck v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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