Hyperlawhypertext legal database Grant v. New York Central & Hudson River Railroad 77 N.Y.S. 1127

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Grant v. New York Central & Hudson River Railroad

77 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1902-06-06 English

Decision Majority · Dissent — WILLIAMS, J.,

Contents
p. 1127
GRANT, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
June 6, 1902.)

Headnote

Action by John Grant against the New York Central & Hudson River Railroad Company.

No opinion. Judgment of county court affirmed, with costs.

dissents, upon the ground that there is no proof of defendant’s negligence, no proof that grass was cut on the defendant’s right of way before the fire and allowed to remain there and become dry, and no proof that the fire caught in such dry grass, or was communicated thereby to the plaintiff’s premises; and this is the only ground of negligence upon which it is claimed the judgment can be sustained. HISGOOK, J., not voting.