Hart v. Western Rail Road
Massachusetts Supreme Judicial Court
This was an action of trespass upon the case, founded on St. 1840, c. 85, to recover the amount of a loss which the plaintiffs sustained by a fire alleged to have been communicated to their dwelling-house hy a locomotive engine of the defendants.
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This was an action of trespass upon the case, founded on St. 1840, c. 85, to recover the amount of a loss which the plaintiffs sustained by a fire alleged to have been communicated to their dwelling-house hy a locomotive engine of the defendants. The parties submitted the case to the court, on the following agreed facts : “ On the 9th of July 1845, a carpenter’s shop, owned ty William W. Boyington, adjoining the rail road track of the defendants, near their passenger depot in Springfield, was destroyed by fire communicated by the locomotive engine of the defendants. There was a high wind,…
1Opinion of the CourtShaw, C. J.
This is an action of first impression, and is, we believe, the first brought upon the St. of 1840, c. 85, involving the present question. The action is brought, in fact, by the Springfield Mutual Fire Insurance Company, for their own benefit, in the name of the present plaintiffs, under the circumstances mentioned in the agreed statement of fads, on which the case was submitted to our decision.
1. The first question in order, it appears to us, is, whether, upon the facts stated, the defendants were liable to any body, and for any loss, by force of St. 1840, c. 85; the defendants insisting that…
2Cases cited2 opinions
- President of the Bank v. NilesMichigan Supreme Court · 1844
- Gracie v. New-York InsuranceNew York Supreme Court · 1811
3Cited by13 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
- Powell v. . Water Co.Supreme Court of North Carolina · 1916
- Renner v. Model Laundry, Cleaning & Dyeing Co.Supreme Court of Iowa · 1921
- Inter Insurance Exchange of Chicago Motor Club v. AndersenAppellate Court of Illinois · 1947
- Powell & Powell, Inc. v. Wake Water Co.Supreme Court of North Carolina · 1916
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