Pettit Grain & Potato Co. v. Northern Pacific Railway Co.

Peterson, Justice.

This action was brought to recover the value of plaintiff’s warehouse and contents destroyed on March 28,1946, by a fire caused by sparks emitted from one of defendant’s locomotives while it was hauling a freight train.

The questions for decision are:(1) Whether a building situated upon a railroad right of way at the time of the execution of a lease between the railroad company and the owner of the building is covered by a clause in the lease' reciting that it was understood by the parties that the leased premises were in dangerous proximity to the railroad tracks, and that…