Haseltine v. Concord Railroad
Supreme Court of New Hampshire
Case, for burning the plaintiffs wood, coal, and other personal property, situated on bind adjoining the defendants’ railroad in Pembroke. Verdict for the plaintiff. The wood, coal, and other personal property constituted a part of the plaintiff’s stock in trade, which he sold from day to day to his customers, and replenished from time to time as he had occasion.
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Case, for burning the plaintiffs wood, coal, and other personal property, situated on bind adjoining the defendants’ railroad in Pembroke. Verdict for the plaintiff. The wood, coal, and other personal property constituted a part of the plaintiff’s stock in trade, which he sold from day to day to his customers, and replenished from time to time as he had occasion. The defendants requested the court to instruct the jury that they were not liable for the plaintiff’s loss of movable articles that were temporarily left near the railroad track, and were liable to be changed at any time, such as…
1Opinion of the CourtCarpenter, J.
The statute upon which the action is founded provides that “the proprietors of every railroad shall be liable for all damages which shall accrue to any person or property by fire or steam from any locomotive or other engine on such road.” G. L., c. 162, s. 8. It makes no distinction between different kinds of property.. Under it, in Rowell v. Railroad, 57 N. H. 132, 58 N. H. 514, Smith v. Railroad, 63 N. H. 25, and under the similar statute of Vermont (G. S., c. 28, s. 78, much more favorable to the position taken by the defendants) in Grand Trunk Railroad v. Richardson, 91 U. S. 454,…
2Cases cited1 opinion
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
3Cited by5 opinions
- Shute v. Exeter Manufacturing Co.Supreme Court of New Hampshire · 1897
- Chicago, Indianapolis & Louisville Railway Co. v. GilmoreIndiana Court of Appeals · 1899
- Bailey Lumber Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1916
- Chicago & Eastern Illinois Railway Co. v. RossIndiana Court of Appeals · 1900
- Bernard v. MauriceLouisiana Court of Appeal · 1904