Fodey v. Northern Pacific Railway Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. E. N. Dunn, Judge. An action to recover damages for injuries sustained by fire escaping from engines operated by a railway company. Judgment for plaintiff.
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APPEAL from the District Court of the Eighth Judicial District for Bonner County. Hon. E. N. Dunn, Judge. An action to recover damages for injuries sustained by fire escaping from engines operated by a railway company. Judgment for plaintiff. When it is shown that a fire has started shortly after a locomotive has passed, and it is further shown that there were no other fires in the immediate vicinity, a presumption of negligence arises which the defendant must rebut by proof of proper construction and use of proper appliances and careful management and operation of its locomotives, and when…
1Opinion of the CourtStewabt, C. J.
This action was brought by the respondent against the appellant to recover damages for the loss of personal property alleged to have been caused by fife set from one of appellant’s locomotives near the station of Cocolalla, Idaho, on or about the 20th day of August, 1910. It is alleged in the complaint that the fire was caused by the negligence of the appellant in the following respects: First, *719in permitting combustible material to accumulate and remain on its right of way where the fire originated; second, in failing to equip its engines with proper spark-arresters and devices to prevent the…
2Cases cited19 opinions
- Lord v. Pueblo Smelting & Refining Co.Supreme Court of Colorado · 1888
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
- McCullen v. Chicago & N. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1900
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3Cited by12 opinions
- Petricevich v. Salmon River Canal CompanyIdaho Supreme Court · 1969
- CC Anderson Stores Co. v. Boise Water CorporationIdaho Supreme Court · 1962
- Ellis v. Ashton & St. Anthony Power Co.Idaho Supreme Court · 1925
- Schaff v. CoyleSupreme Court of Oklahoma · 1925
- Watkins v. Mountain Home Co-operative Irrigation Co.Idaho Supreme Court · 1921
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