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Torts Keyed to Henderson
Hoyt v. Jeffers
Citation:
30 Mich. 181 (1874)Facts
Defendant owned and operated a saw mill. The mill had a chimney from which sparks were seen to escape regularly. The mill was located near a hotel owned and operated by Plaintiff. Plaintiff increased the chimney height by about 12 inch in the spring of 1870, but the chimney never had a spark arrester which is any device preventing the emission of flammable debris from combustion sources.
On August 17, 1870, plaintiff’s hotel caught fire and burned down. No one saw where the fire start nor what caused the fire, but plaintiff claimed sparks emitting from defendant’s mill through its chimney caused the fire. A large amount of testimony purporting that sparks frequently escaped from the chimney in previous occasions.
Plaintiff sued defendant for negligence, and trial court entered judgment in favor of plaintiff. Defendant appealed.
This Court affirmed trial court’s judgment.
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