Brunell v. Hopkins
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Action to recover damages sustained by the destruction of property by fire set out and permitted to escape by defendant. There was a verdict and judgment for plaintiff; defendant appeals. The facts of the case appear in the opinion.
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Appeal from Pottawattamie District Court. Action to recover damages sustained by the destruction of property by fire set out and permitted to escape by defendant. There was a verdict and judgment for plaintiff; defendant appeals. The facts of the case appear in the opinion. The civil liability, if any, arises from a violation of sections 3889 and 3890 of the Code'. (1 Hill, on Torts, 94; Miller v. Martin, 16 Miss., -255; Hanlon v. Ingram, 1 Id., 108; Tales v. Reichcvrt, 8 Wis., 255; Stuart v. Ilamlon, 22 Barb., 619.) Criminal statutes cannot be made to embrace cases plainly without the letter…
1Opinion of the CourtBeck, J.
The petition alleges that defendant .did, on the 15th day of October, 1872, “willfully and without using proper caution set fire to and burn certain prairie lands” whereby the property of plaintiff was destroyed, and “ that defendant did at the same time allow such fire to escape from • his control.” It is further alleged that these acts were in violation of the penal laws of the State. The answer of defendant puts in issue all the material, allegations of the petition. The bill of exceptions shows that “upon the trial of the cause, testimony was introduced by defendant, tending to show that…
2Cases cited1 opinion
- Conn v. MaySupreme Court of Iowa · 1873
3Cited by2 opinions
- David J. Walton and Janice Walton v. Glenn EckhartCourt of Appeals for the Eighth Circuit · 1965
- Kelley v. AndersonSouth Dakota Supreme Court · 1901