Yankton Fire Ins. v. Fremont, E. & M. V. R.
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action for damages caused by fire. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. In an action for damages caused by sparks from a locomotive, the plaintiff must not only prove that the fire may have proceeded from the locomotive, but must show by reasonable affirmative evidence that it did so originate.
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Appeal from circuit court, Pennington county. Hon. William Gardner, Judge. Action for damages caused by fire. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. In an action for damages caused by sparks from a locomotive, the plaintiff must not only prove that the fire may have proceeded from the locomotive, but must show by reasonable affirmative evidence that it did so originate. White v. Eailroad, 1 S. D. 330; Marvin v. Eailroad, 79 Wis. 140; Atkinson v. Goodrich, 60 Wis. 141; Randall v. Eailroad, 109 U. S. 478; Eailroad v. Munson, 81 U. S. 442; Pleasants…
1Opinion of the CourtCorson, P. J.
This was an action brought by plaintiff, as assignee of one Henry Behrens, whose property it is alleged was destroyed by fire caused by the negligence of the defendant. Verdict and judgment for plaintiff, and the defendant appeals.
At the close of plaintiff’s evidence the defendant moved the court to direct a verdict in its favor. This motion was denied, and exception taken. The defendant offering no evidence, the plaintiff moved the court to direct a verdict in its favor, which motion was granted, and defendant excepted. Only two questions are, therefore, presented for our decision: First.…
2Cases cited8 opinions
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Barnes v. . PerineNew York Court of Appeals · 1854
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- Ormes v. . DauchyNew York Court of Appeals · 1880
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sundling v. WilleySouth Dakota Supreme Court · 1905
- Nelson v. Chicago, B. & Q. Ry. Co.South Dakota Supreme Court · 1924
- Chicago & Erie Railroad v. KreigIndiana Court of Appeals · 1899
- Angier v. Western Assurance Co.South Dakota Supreme Court · 1897
- Farmen v. United State Express Co.South Dakota Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.