Gandy v. Chicago & Northwestern R. R.
Supreme Court of Iowa
Appeal from Marshall Circuit Court. Action to recover damages from fire alleged to have been negligently set by sparks from the defendant’s engine, whereby plaintiff’s corn, buckwheat and fence were destroyed. Answer in denial. Trial before a jury, who returned a verdict for plaintiff. Motions by defendant for judgment non obstante veredicto and for a new trial were successively overruled, and judgment rendered on the verdict for plaintiff. The defendant appeals.
1Opinion of the Court
Cole, Ch. J.
The record in this case is a voluminous one, containing between three and four hundred pages, and yet there are in it but two questions presented and necessary for our determination. The court gave the following instruction, which was duly excepted to by the defendant: “ If you find from the evidence that defend*413ant’s engine set the fire by which the plaintiff’s crops and other property were destroyed, then the presumption of the law is, that such fire was caused by the negligence of the defendant, and the burden of proof is on the defendant, to show that due care and caution had…
2Cases cited10 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Rood v. New-York & Erie RailroadNew York Supreme Court · 1854
- Burroughs v. Housatonic RailroadSupreme Court of Connecticut · 1842
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1879
20 more not listed; retrieve them via the Exa API.