Highland Foundry Co. v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort to recover for damages resulting to the plaintiff from a fire in its foundry alleged to have been caused by a spark from a locomotive of the defendant. Writ in the Superior Court for the county of Suffolk dated October 18, 1899. There was a trial before Pierce, J., and a verdict for the plaintiff in the sum of $12,173. The defendant alleged exceptions. The facts are stated in the opinion.
1Opinion of the CourtHammond, J.
The first question in this case is whether the *405evidence was sufficient to warrant a finding that a spark from a locomotive of the defendant caused the fire which damaged the property of the plaintiff.
It seems to be conceded on all sides that the fire did not first appear upon the outside of the building. And the only possible ground upon which it can be contended that the fire was started by a locomotive spark is that the spark entered the building and started the fire on the inside. It is strongly argued by the defendant that in view of the nature and location of the fire and the…
2Cases cited6 opinions
- Commonwealth v. PoissonMassachusetts Supreme Judicial Court · 1893
- McCoy v. JordanMassachusetts Supreme Judicial Court · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1906
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1886
- McGinn v. PlattMassachusetts Supreme Judicial Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commonwealth v. RodriquezMassachusetts Supreme Judicial Court · 1973
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. RollinsMassachusetts Supreme Judicial Court · 1968
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1975
- Pina v. McGill Development Corp.Massachusetts Supreme Judicial Court · 1983
14 more not listed; retrieve them via the Exa API.