Black v. Minneapolis & St. Louis Railroad
Supreme Court of Iowa
Appeal from Webster District Court. — Hok. J. H. Bichabd, Judge. ACTION to recover on four distinct causes of action, viz.: 'Damage to plaintiff’s meadow caused by a fire set out by defendant’s locomotive; destruction of certain hay by a fire set out at another time by defendant’s locomotive; the killing of a steer by defendant’s locomotive on its track at a place where defendant had a right to fence, the steer having come’upon the right of way at such place by reason of a…
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Appeal from Webster District Court. — Hok. J. H. Bichabd, Judge. ACTION to recover on four distinct causes of action, viz.: 'Damage to plaintiff’s meadow caused by a fire set out by defendant’s locomotive; destruction of certain hay by a fire set out at another time by defendant’s locomotive; the killing of a steer by defendant’s locomotive on its track at a place where defendant had a right to fence, the steer having come’upon the right of way at such place by reason of a defective and insufficient cattle guard; and the similar killing of certain pigs which came upon defendant’s right of way…
1Opinion of the CourtMcClain, J.
As to the injury to the meadow, the sole question is one of measure of damages. ’ A fire set out by defendant’s engine in September burned over about eijiht acres of wheat stubble, among which grass was growing as the result of the sowing of grass seed with the wheat. But for the fire this grass would, it appears, have furnished pasture during the fall, a háy crop during the next summer, and further pasture after the cutting of the hay during the following fall; and witnesses testified that, although the land was reseeded in the spring following the fire there was no hay crop for that summer,…
2Cases cited29 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Jones v. GeorgeTexas Supreme Court · 1884
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Passinger v. . ThorburnNew York Court of Appeals · 1866
24 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Farm Bureau Mutual Insurance Co. v. MilneSupreme Court of Iowa · 1988
- Bridenstine v. Iowa City Electric Railway Co.Supreme Court of Iowa · 1917
- Fort Wayne National Bank v. ScherIndiana Court of Appeals · 1981
- General Mills, Inc. v. PrallSupreme Court of Iowa · 1953
- Toney v. Interstate Power Co.Supreme Court of Iowa · 1917
18 more not listed; retrieve them via the Exa API.