Wallace v. New York, New Haven, & Hartford Railroad
Massachusetts Supreme Judicial Court
Tort, at common law, for negligently causing the destruction by fire of a cottage and its contents belonging to the plaintiffs at Tiverton in the State of Rhode Island.
Read the full summary
Tort, at common law, for negligently causing the destruction by fire of a cottage and its contents belonging to the plaintiffs at Tiverton in the State of Rhode Island. Writ in the Second District Court of Bristol dated May 12,1909. On appeal to the Superior Court the case was tried before Sanderson, J. After a part of the evidence had been heard the plaintiffs waived the original count of their declaration and the case was tried upon a second count, added by amendment, which was as follows: “ And the plaintiffs say that at Tiverton in the State of Rhode Island, on or about the fifteenth day…
1Opinion of the CourtHammond, J.
At the close of the testimony the judge ruled that “ there was no evidence of negligence of the defendant and directed a verdict” accordingly. The only negligence alleged in the declaration is that “ the defendant carelessly and negligently used its said locomotive engine so that a great quantity of. fire, cinders, sparks and burning matter were thrown therefrom.” The ruling must be considered as made with reference to the state of the pleadings; and the only question , raised upon the record is whether there was any evidence of the kind of negligence alleged in the declaration.
Inasmuch as…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Eddy v. LafayetteSupreme Court of the United States · 1896
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Home Savings Bank v. SavranskyMassachusetts Supreme Judicial Court · 1940
- Gates v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1926
- Little v. Lynn & Marblehead Real Estate Co.Massachusetts Supreme Judicial Court · 1938
- Ferris v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1935
- Brasslavsky v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1924
10 more not listed; retrieve them via the Exa API.