Peck v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment entered February 9,1899, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered February 9,1899, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence received was sufficient to justify the jury in finding for plaintiff, and the court erred in granting defendant’s motion for a nonsuit. (Steinweg v. E. Ry. Co., 43 N. Y. 123; O'Neil…
1Opinion of the CourtCullen, J.
This action was brought to recover the value of a warehouse and its contents, which on May 2, 1895, were destroyed by fire caused by sparks emitted by a locomotive of the defendant. The plaintiff’s building stood about twenty feet from the defendant’s track. Within a very few minutes after the passage of the train a fire was observed on the roof of the warehouse, and at the same time another fire was discovered burning on the bank adjacent to the track of the defendant, further south. There had been no fire in or about the warehouse on that day and when the fire was first observed it had not…
2Cases cited4 opinions
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
- Flinn v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Jamieson v. N. Y. & Rockaway Beach Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Brush v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Potter v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1909
- Carter v. Pennsylvania R.Court of Appeals for the Second Circuit · 1903
- Toledo, St. Louis & Western Railroad v. Home InsuranceIndiana Court of Appeals · 1913