New York Court of Appeals

Levi Steinweg, Respondent v. the Erie Railway, Appellant

November 29, 187043 N.Y. 123

Summary

The New York Court of Appeals reversed the General Term and remanded for a new trial, holding that a bill of lading clause exempting the carrier from fire does not shield it from liability for fire caused by its own negligence and that the carrier is negligent only if it fails to use known, practical spark‑preventing apparatus, not every conceivable scientific precaution.