Baer v. . McCullough
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 27, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exception to the admission of the tax deed in evidence was well taken. (Gardner v. Heart, 1 n. Y. 528; Van Inwegen v. P. J., etc., R. R. Co., 34 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 27, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The exception to the admission of the tax deed in evidence was well taken. (Gardner v. Heart, 1 n. Y. 528; Van Inwegen v. P. J., etc., R. R. Co., 34 App. Div. 95; Sinclair v. Field, 8 Cow. 543; Beekman v. Bigham, 5 N. Y. 366; Thompson v. Burhans, 61 N. Y. 52; People v.…
1Opinion of the Court
Parker, Ch. J.
While defendants were receivers of the property of the 27ew York, Lake Erie and Western Railroad Company they allowed an accumulation of inflammable material upon its property and near its tracks, which was set fire by sparks from a locomotive. The fire spread to the adjoining property of plaintiff, occasioning him substantial damage. The accumulation of combustiblé material was in violation of statute, and the jury found defendants guilty of negligence, and fixed the damages at a sum for which judgment was entered, with costs, and subsequently affirmed by the Appellate Division.
2Cases cited6 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Thompson v. . BurhansNew York Court of Appeals · 1874
- Herring v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1887
- New York & Western Union Telegraph Co. v. JewettNew York Court of Appeals · 1889
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3Cited by9 opinions
- Copeland v. SalomonNew York Court of Appeals · 1982
- Hahlo v. ColeAppellate Division of the Supreme Court of the State of New York · 1906
- Wood v. CominsMassachusetts Supreme Judicial Court · 1939
- Jacobs v. BlairAppellate Division of the Supreme Court of the State of New York · 1913
- Gaboury v. Central Vermont Railway Co.Appellate Division of the Supreme Court of the State of New York · 1928
4 more not listed; retrieve them via the Exa API.