Mahaffey v. New York Central & Hudson River Railroad
Mahaffey v. New York Central & Hudson River Railroad
Opinion of the Court
Opinion by
In admitting evidence as to the difference in market value of plaintiffs’ land before and after the fire, there was no departure from the issue as defined in the pleadings. If the plaintiffs’ claim had been for the loss of a
The land burned over was part of a larger tract. Evidence was admitted without, objection that the growth on the land burned over was of the same kind, character, thickness and density as that standing on the unburned portion. Following this, a witness was called to testify to conditions on the unburned portion, not as preliminary to any estimate of damages by the witness, but to inform the jury as to what had been destroyed. If this was not proper evidence, it could only be because it was not the best. We are by no means sure that it was not the best in view of the fact, that the jury, at the instance of the defendant, were taken to the premises to examine for themselves, and that they were there permitted to see the whole tract including the part unaffected by the fire.
We find nothing substantial in any of the assignments of error and the judgment is affirmed.
Reference
- Full Case Name
- Mahaffey v. New York Central & Hudson River Railroad Company
- Cited By
- 5 cases
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- Published
- Syllabus
- Negligence — Burning of woodland — Growing timber — Measure of damages — Reforestation—Harmless error — Evidence. 1. In an action for damages for the negligent burning over of woodland covered with second growth timber ripening into marketable material, where the loss was entire and the realty was affected apart from the loss sustained in the destruction of what was presently marketable, the measure of damages is the difference in the value of the land before and after the fire. 2. In such a case evidence to show cost of restoring land to its previous condition is inadmissible, but its admission is not ground for reversal where the estimate as stated by the witness manifestly did not prejudice defendant. 3. Where the land burned over was part of a larger tract, and it appeared that the growth on the land burned was of the same character as that on the unburned portion, it is competent to introduce evidence as to the condition of the latter portion, for the purpose of showing what had been destroyed, and this is especially so where the jury are taken to the land and permitted to see the whole tract including the part not burned.