Higgs v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, Dickey county; Allen, J. Action by Blanche Higgs, administratrix of J. W. Higgs, against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. Judgment for plaintiff and defendant appeals. Probative force will be denied to testimony that is plainly at war with physical facts and surroundings. Payne v. R. R. Co., 38-' S. W. 308; So. Railway v. Smith, 30 C. C. A. 58; Howe v. Ry. Co., 64 N. W. 102; Medcalf v. St. P. Ry.
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Appeal from District Court, Dickey county; Allen, J. Action by Blanche Higgs, administratrix of J. W. Higgs, against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. Judgment for plaintiff and defendant appeals. Probative force will be denied to testimony that is plainly at war with physical facts and surroundings. Payne v. R. R. Co., 38-' S. W. 308; So. Railway v. Smith, 30 C. C. A. 58; Howe v. Ry. Co., 64 N. W. 102; Medcalf v. St. P. Ry. Co., 84 N. W. 633; Cawley v. Ry Co., 77 N. W. 179; .Stafford v. Chippewa Valley Ry. Co., 85 N. W. 1.036; Badger v. Janesville Cotton Mills, 70…
1Opinion of the CourtMorgan, C. J.
This is an action for damages for the destruction of hay and grass by a prairie fire, alleged to have been caused by the defendant’s negligence. The defendant’s negligence as alleged in the'complaint is based upon: (1) Negligently permitting dry and combustible grass and weeds to accumulate and remain upon, its right of way. (2) Negligence in the construction of the engine, by reason of which sparks emitted therefrom, which caused the destruction of the property and the consequent damages. (3) Negligent operation of the engine by the defendant’s employes. The answer was á general denial. The…
2Cases cited7 opinions
- Lake Erie & Western Railroad v. WilsonIllinois Supreme Court · 1901
- Bruce v. BeallTennessee Supreme Court · 1897
- Beardslee v. Columbia TownshipSupreme Court of Pennsylvania · 1898
- Stewart v. St. Paul City Railway Co.Supreme Court of Minnesota · 1899
- Beidler & Robinson Lumber Co. v. Coe Commission Co.North Dakota Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hughes v. StateTennessee Supreme Court · 1912
- Haven v. SnyderIndiana Court of Appeals · 1931
- Sherlock v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1912
- Coleman v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1926
- Jackson v. City of NashvilleCourt of Appeals of Tennessee · 1932
9 more not listed; retrieve them via the Exa API.