RYAN V. NEW YORK CENTRAL R.R. CO. Ct. of App. of N.Y., 35 N.Y. 210, 91 Am.Dec. 49 (1866). CASE BRIEF

RYAN V. NEW YORK CENTRAL R.R. CO.

Ct. of App. of N.Y., 35 N.Y. 210, 91 Am.Dec. 49 (1866)

NATURE OF THE CASE: Ryan (P) appealed a decision which affirmed the trial court's decision to nonsuit P in P's action against New York Central (D) to recover for damages to P's woodshed and home.

FACTS: D by careless management, or through one of its engines, set fire to its woodshed, and a large quantity of wood therein. P's house, which was 130 feet away also caught fire from the heat and sparks, and was entirely consumed, notwithstanding heroic efforts were made to save it. A number of other houses were also burned by the spreading of the fire. P sued to recover from the railroad company the value of his building thus destroyed. The judge at the Circuit nonsuited P, and the General Term of the fifth district affirmed the judgment. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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