Svea Fire & Life Insurance v. Spokane, Portland & Seattle Railway Co.

(dissenting)—I concur with the dissent of Judge Tolman, but have additional reasons.

In the Overacker case, cited by the majority, we explicitly approved a decision in Minneapolis Sash & Door Co. v. Great Northern R. Co., 83 Minn. 370, 86 N. W. 451, which held:

“Where a train passing through the open country is followed in close proximity of time thereafter by a fire which starts up near its right of way, by a reasonable process of induction based upon the physical facts, all other causes of the fire might be excluded, and an .inference justified that the fire was dropped from the smokestack. ’…