Great Northern Ry. Co. v. Herron
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of North Dakota. Herron recovered a judgment against the railway company for damages suffered through the burning of his hay and other property by fire claimed to have been communicated thereto through the negligence of the company.1 Without contradiction, the evidence established plaintiff’s ownership of the property; its value; its destruction by fire in the afternoon of the day named; the location of the…
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In Error to the Circuit Court of the United States for the District of North Dakota. Herron recovered a judgment against the railway company for damages suffered through the burning of his hay and other property by fire claimed to have been communicated thereto through the negligence of the company.1 Without contradiction, the evidence established plaintiff’s ownership of the property; its value; its destruction by fire in the afternoon of the day named; the location of the property at a distance of about three miles northeasterly from defendant’s railroad; the presence of fire in dead grass…
1Opinion of the CourtVan Devanter, Circuit Judge
The statute invests the courts of the United States with large discretion in permitting the correction of defects in pleadings and process by amendment, and rulings of this character constitute no ground for reversal unless the discretion is grossly abused. Rev. St. § 954, U. S. Comp. St. 1901, p. 696; Lange v. Union Pacific R. Co., 62 C. C. A. 48, 126 Fed. 338; Rucker v. Bolles (C. C. A.) 133 Fed. 858,
The complaint only imperfectly charged the defendant with negligence in the care of its right of way, and only inferentially charged that such negligence was a proximate cause of the…
2Cases cited2 opinions
- Lange v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1903
- Rucker v. BollesCourt of Appeals for the Eighth Circuit · 1904
3Cited by1 opinion
- Cottingham v. HersheyCourt of Appeals for the Third Circuit · 1934