Toledo, St. Louis & Western R. R. v. Needham
Appellate Court of Illinois
Trespass on the Case.—Damage to orchard by fire. Appeal from the Circuit Court of Cumberland County; the Hon. Henry Van Sellar, Judge presiding. Heard in this court at the May term, 1902.
1Opinion of the CourtJustice Harker
Appellee recovered a judgment of $155 against appellant for damages done to his apple trees, which were burned by a fire set out by one of appellant’s engines. Appellee’s orchard is on the south side of appellant’s railroad track. On the 8th of April, 1901, a fire started in the orchard and damaged sixty-two trees to the extent of $2.50 each, as estimated by witnesses. Ho one saw the fire start. It did not start on the right of way, but about ninety feet south of it. While there is some contention that there was no evidence that it was started by sparks from one of appellant’s engines, we…
2Cited by2 opinions
- M. H. Boals Planing Mill Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Appellate Court of Illinois · 1918
- Renken v. Chicago, Burlington & Quincy RailroadAppellate Court of Illinois · 1910