Murphy v. S. C. & P. R.
Supreme Court of Iowa
Appeal from Woodbury District Court. TnE plaintiff brings this action to recover $504 for the alleged negligently setting fire to the prairie and permitting it to escape, thereby burning one hundred and sixty-eight tons of hay, of which the plaintiff alleges he was the owner. The answer, amongst other things, denies that plaintiff was the owner of any of the hay alleged to have been burned.
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Appeal from Woodbury District Court. TnE plaintiff brings this action to recover $504 for the alleged negligently setting fire to the prairie and permitting it to escape, thereby burning one hundred and sixty-eight tons of hay, of which the plaintiff alleges he was the owner. The answer, amongst other things, denies that plaintiff was the owner of any of the hay alleged to have been burned. The trial was to a jury and resulted in a verdict for plaintiff for $270. The defendant appeals.
1Opinion of the CourtDay, J.
— Respecting his ownership of the hay in question, the plaintiff testified as follows: “ This hay was on unenclosed prairie. The land upon which I cut this grass and stacked the hay was not mine. I .had gone on to the land, cut the grass and stacked it. My claim to be tbe owner of tbe bay is based on tbis: I cut it and put it up — tbat is all tbe claim I have. I bad no license to cut or stack bay there.” The defendant asked tbe court to instruct tbe jury as follows: “If tbe jury finds from tbe testimony tbat tbe plaintiff bad cut and stacked tbe bay, for tbe burning of which be seeks to…
2Cases cited9 opinions
- Betts v. LeeNew York Supreme Court · 1810
- Nesbitt v. St. Paul Lumber Co.Supreme Court of Minnesota · 1875
- Hungerford v. RedfordWisconsin Supreme Court · 1872
- Isle Royale Mining Co. v. HertinMichigan Supreme Court · 1877
- Putnam v. WyleyNew York Supreme Court · 1811
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3Cited by15 opinions
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Northern Pacific Railroad v. LewisSupreme Court of the United States · 1896
- Northern Pac. R. Co. v. LewisCourt of Appeals for the Ninth Circuit · 1892
- Missouri, Kansas & Texas Railway Co. v. StarrCourt of Appeals of Texas · 1899
- Brown v. CunninghamSupreme Court of Iowa · 1891
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