LeRoy Fibre Co. v. Chicago, Milwaukee & St. Paul Railway
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The following questions are certified: "1. In an action at law by the owner of a natural product of the soil, such as flax straw, which he lawfully stored on his own premises and which was destroyed by fire caused by the negligent operation of a locomotive engine, to recover the value thereof from the railroad company operating the engine, is it a question for the jury whether the owner was also negligent…
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The following questions are certified: "1. In an action at law by the owner of a natural product of the soil, such as flax straw, which he lawfully stored on his own premises and which was destroyed by fire caused by the negligent operation of a locomotive engine, to recover the value thereof from the railroad company operating the engine, is it a question for the jury whether the owner was also negligent without other evidence than that the railroad company preceded the owner in the establishment of its business, that the…
1Opinion of the CourtJustice McKenna
The .questions certified present two facts — (1) The negligence of the railroad was the immediate cause of the destruction of the property. (2) The property was placed *349by its owner near the right of way of the railroad, but on the'owner’s own land.
The query is made in the first two questions whether the latter fact constituted evidence of negligence of the owner to be submitted to the jury. It will be observed, the use of the land was of itself a proper use — it did not interfere with nor embarrass the rightful operation of the railroad. It is manifest, therefore, the questions certified,…
2Cases cited3 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
3Cited by46 opinions
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Ricardo Trevino v. Union Pacific Railroad Company and Missouri Pacific Railroad CompanyCourt of Appeals for the Seventh Circuit · 1990
- John Haugh v. Jones & Laughlin Steel CorporationCourt of Appeals for the Seventh Circuit · 1991
- City of Tucson v. KoerberArizona Supreme Court · 1957
- United States v. GilboyDistrict Court, M.D. Pennsylvania · 1958
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