Legal Opinion

Arthur v. Chicago, Rock Island & Pacific R'y Co.

Supreme Court of Iowa

Decided October 16, 1883PublishedCited by 4 opinions

Appeal from Keolcult District Court. This is an action at law1 to recover the value of certain wheat, which the plaintiff claiméd he had stored in an elevator at Brooklyn, in Poweshiek county, and. which, with the elevator, was destroyed by fire communicated to the elevator by an engine on defendant’s road. There was a trial by the court without a jury, which resulted in a judgment for the plaintiff. Defendant appeals.

1Opinion of the CourtRothrock, J.

— I. The cause was submitted to the district *649court upon au agreed statement of facts, of which, the following is a copy:

“1. That on the twenty-sixth day of May, 1875, the Farmers’ Union Elevator, at Brooklyn, Iowa, was burned and wholly consumed, the fire being set out by a spark from an engine of defendant, while being operated over its line, and in front of and near to said elevator building.
“ 2. That at the time of the burning of said elevator the plaintiff had stored therein, for future shipment, five hundred and sixty bushels of wheat, of the value of eighty-five to ninety cents per…

2Cases cited5 opinions

  1. Small v. C., R. I. & P. R.Supreme Court of Iowa · 1881
  2. Mote v. Chicago & N. W. R. R.Supreme Court of Iowa · 1869
  3. Sexton v. GrahamSupreme Court of Iowa · 1880
  4. Johnston v. BrowneSupreme Court of Iowa · 1873
  5. Stearns v. RaymondWisconsin Supreme Court · 1870

3Cited by4 opinions

  1. Louis-Dreyfus v. Paterson Steamships, Ltd.Court of Appeals for the Second Circuit · 1930
  2. State v. FolgerSupreme Court of Iowa · 1926
  3. Christie v. Iowa Life InsuranceSupreme Court of Iowa · 1900
  4. Pennsylvania Co. v. LiverightIndiana Court of Appeals · 1895

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