Appellate Division of the Supreme Court of New York, 1902

Grant v. New York Central & Hudson River Railroad

Grant v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of New York · Decided June 6, 1902 · Williams
77 N.Y.S. 1127 (New York Supplement)
Grant v. New York Central & Hudson River Railroad

Opinion of the Court

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

Dissenting Opinion

WILLIAMS, J.,

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.

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