Ann Arbor R. Co. v. Fox
Court of Appeals for the Sixth Circuit
In Error to tbe Circuit Court of tbe United States for tbe Western: District of Michigan. The plaintiffs, on the 23d day of October, 1895, owned, in the village of Thompsonville, in the state of Michigan, a large quantity of lumber, which lajr near the track of the Toledo, Ann Arbor & North Michigan Railway Company. About 1 o’clock in the afternoon of that day, the lumber was destroyed by fire.
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In Error to tbe Circuit Court of tbe United States for tbe Western: District of Michigan. The plaintiffs, on the 23d day of October, 1895, owned, in the village of Thompsonville, in the state of Michigan, a large quantity of lumber, which lajr near the track of the Toledo, Ann Arbor & North Michigan Railway Company. About 1 o’clock in the afternoon of that day, the lumber was destroyed by fire. The fire broke out shortly after the passage of a train known as-the “work train.” On behalf of the iflaintiffs the claim was that the fire originated from sparks emitted from the engine on this train;…
1Opinion of the Court
TAFT, Circuit Judge.
The statute of Michigan provides that:
“Any railroad company building, owning or operating any railroad in this state, shall be liable for all loss or damage to property by fire originating from such railroad, either from the engines passing over such road, fires set by the company’s employes, by order of the officers of said road, or otherwise originating in the constructing or operating of such railroad; provided, that such railroad company shall not be held so liable if it prove to the satisfaction of the court or jury that such fire originated from fire by engines whose…
2Cases cited1 opinion
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
3Cited by5 opinions
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
- Dolph v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1907
- Toledo, St. L. & W. R. R. v. Star Flouring Mills Co.Court of Appeals for the Sixth Circuit · 1906
- Carter v. Pennsylvania R.Court of Appeals for the Second Circuit · 1903