Brush v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant-, The Long Island Eailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 23d day of April, 1895, upon the verdict of a jury rendered after a trial at the Queens County Circuit, and also from an order entered in said clerk’s office on the 1st day of May, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
On the 3d day of April and the 16th day of May, 1893, portions of the plaintiff’s woodland near the Cold Spring station of the Long Island railroad were burned over by a fire, which the proof tended to show proceeded from live sparks or cinders which had escaped from one of the defendant’s locomotives. The plaintiff recovered a verdict at the Circuit, on the ground that the defendant negligently caused the fire either by failing to use the best known *537means in common use to prevent the escape of sparks, or by suffering inflammable material to be so near the track that it…
2Cases cited2 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
3Cited by9 opinions
- Peck v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
- Potter v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1909
- Jamieson v. N. Y. & Rockaway Beach Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Peck v. New York Central & Hudson River RailroadNew York Court of Appeals · 1901
- Brush v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1896
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