Farrell v. Minneapolis & Rainy River Railway Co.
Supreme Court of Minnesota
Action in the district court for Itasca county to recover $4,000 for damage caused by fire set by defendant’s locomotive. Tbe facts are stated in tbe opinion. Tbe case was tried before Dibell, J., wbo, at the close of plaintiff’s case, denied defendant’s motion to dismiss the action, and, when defendant rested, denied its motion for a directed verdict, and a jury which returned a verdict of $1,800 in favor of plaintiff.
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Action in the district court for Itasca county to recover $4,000 for damage caused by fire set by defendant’s locomotive. Tbe facts are stated in tbe opinion. Tbe case was tried before Dibell, J., wbo, at the close of plaintiff’s case, denied defendant’s motion to dismiss the action, and, when defendant rested, denied its motion for a directed verdict, and a jury which returned a verdict of $1,800 in favor of plaintiff. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied, if plaintiff consented to a reduction of the verdict to $1,300. The consent was…
1Opinion of the CourtBunn, J.
This action was to recover damages to standing timber of plaintiff caused by fire alleged to have been started by a locomotive of defendant. The complaint also alleged that defendant negligently allowed inflammable materials to accumulate on its right of way and negligently failed to control or extinguish fires on such right of way, and permitted them to escape and spread to plaintiff’s land. The answer was in substance a general denial, and alleged that a general forest fire was the cause of the destruction of plaintiff’s trees.
The trial resulted in a verdict for plaintiff in the sum of…
2Cases cited4 opinions
- Depue v. FlatauSupreme Court of Minnesota · 1907
- Union Pacific Railway Co. v. CappierSupreme Court of Kansas · 1903
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
- Osborne v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1896
3Cited by20 opinions
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1920
- Skillings v. AllenSupreme Court of Minnesota · 1919
- Little v. Lynn & Marblehead Real Estate Co.Massachusetts Supreme Judicial Court · 1938
- Anderson v. State, Department of Natural ResourcesSupreme Court of Minnesota · 2005
- County of Ventura v. Southern California Edison Co.California Court of Appeal · 1948
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