Bedell v. . the Long Island Railroad Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second district, affirming a judgment entered upon a verdict in favor of the plaintiff.
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Appeal from an order of the General Term of the Supreme Court, in the second district, affirming a judgment entered upon a verdict in favor of the plaintiff. The action was brought to recover damages for the alleged burning, by the defendant, of the plaintiff’s dwelling-house, situated in the village of Hempstead, in Queens county, on the 23d day of October, 1863. The defendant, on that day, was running a dummy engine on the Hempstead branch track, that track being the property of the defendant and connecting with its main road. The track runs over Main street in a northerly direction from…
1Opinion of the Court
The only grounds upon which we are asked to reverse the judgment below are, that there was no proof of negligence, and hence that the plaintiff should have been nonsuited; and that improper evidence was received by the judge at the trial, as to the value of the dwelling-house.
1. The mere fact that large sparks were emitted from the engine in such profusion, and were carried to such a distance, as to set fire to adjoining fences and buildings, is sufficient to show that there was some carelessness, as common observation and experience teach that engines can be and are run through the country…
2Cases cited2 opinions
- Clark v. . BairdNew York Court of Appeals · 1853
- Bearss v. . CopleyNew York Court of Appeals · 1854
3Cited by29 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Woodruff v. Imperial Fire Insurance Co. of London, EnglandNew York Court of Appeals · 1880
- Firemen's Insurance Co. v. LittleSupreme Court of Arkansas · 1934
- Ft. Worth & D. C. Ry. Co. v. HapgoodCourt of Appeals of Texas · 1919
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