Appellate Division of the Supreme Court of the State of New York May 22, 1931 (Nicoll v. Long Island Railroad)

Hagarty, J.

This action was brought by the plaintiff against the defendant to recover for damages to his woodlands adjoining and bounded by the defendant railroad’s right-of-way, caused by a fire which originated upon the defendant’s right-of-way and spread to the plaintiff’s property. The court dismissed the complaint upon the authority of Hoffman v. King (160 N. Y. 618) and Rose v.