Babcock v. Fitchburg Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 15, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for the death of Frederick Bennett, plaintiff’s intestate, which was alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 15, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for the death of Frederick Bennett, plaintiff’s intestate, which was alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion. There was not sufficient evidence that the sparks from defendant’s locomotive caused the explosion.…
1Opinion of the CourtEarl, J.
The plaintiff’s intestate, Fred Bennett, was killed on the 15th day of October, 1889, by the explosion of a powder mill, and the claim of the plaintiff is that the explosion was caused by sparks which escaped from the smoke stack of one of the defendant’s locomotives because it had not adopted suitable appliances to prevent the escape of the sparks.-
The mill was nearly two hundred feet from the railroad track, and the locomotive was drawing a heavy train of cars upon an ascending grade, emitting large volumes of smoke, which was carried by the wind then blowing towards the mill, and as the…
2Cases cited2 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- McLoghlin v. National Mohawk Valley BankNew York Court of Appeals · 1893
3Cited by11 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Supreme Court · 1898
- Tracy v. WelchSupreme Court of Connecticut · 1929
- Francisco v. Troy & Lansingburgh RailroadNew York Supreme Court · 1894
- Craig v. Laflin & Rand Powder Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Owen v. Retsof Mining Co.Appellate Division of the Supreme Court of the State of New York · 1905
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