Stuart v. Hawley
New York Supreme Court
THE plaintiff commenced this action against the defendant, in a justice’s court of St. Lawrence county, for negligently and carelessly setting fire to his fallow, wood and timber, and alleged that in consequence thereof the fire spread, and burned, injured, damaged and destroyed the plaintiff’s land, hay and timber adjoining. The plaintiff claimed to recover damages, to the amount of $100. The defendant denied the allegations in the complaint.
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THE plaintiff commenced this action against the defendant, in a justice’s court of St. Lawrence county, for negligently and carelessly setting fire to his fallow, wood and timber, and alleged that in consequence thereof the fire spread, and burned, injured, damaged and destroyed the plaintiff’s land, hay and timber adjoining. The plaintiff claimed to recover damages, to the amount of $100. The defendant denied the allegations in the complaint. On the trial it appeared in evidence that on the 17th of July, 1854, the defendant set fire -to his fallow, which had been previously burned over, in…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
In the case of Clark v. Foot, (8 John. 421,) it is said by the court that “ it is a lawful act for a person to burn his fallow, and if his neighbor is injured thereby he will have his remedy by action on the case, if there be sufficient ground to impute the act to the negligence or the misconduct of the defendant or his servants.” And the remark is put forth that if a man’s house “ should get on fire and burn his neighbor’s, no action would lie, because it" was lawful for him to keep a fire. The loss in all such cases is damnum absque injuria,”
There is no…
2Cases cited1 opinion
- Clark v. FootNew York Supreme Court · 1811
3Cited by19 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Losee v. . BuchananNew York Court of Appeals · 1873
- Cosulich v. Standard Oil Co.New York Court of Appeals · 1890
- Schultz v. Pacific RailroadSupreme Court of Missouri · 1865
- Pittsburgh, Cincinnati & St. Louis R. W. Co. v. CulverIndiana Supreme Court · 1878
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