Trustees of Little Cedar Congregation v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Mower county against defendant railway company, Joseph Opie and D. S. Barr to recover $7,000 damages for loss of a church building by fire alleged to have been caused by sparks from defendant company’s locomotive. The separate answers of defendant company and defendant Barr denied knowledge as to whether the building was destroyed or damaged by fire. The replies were general denials.
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Action in the district court for Mower county against defendant railway company, Joseph Opie and D. S. Barr to recover $7,000 damages for loss of a church building by fire alleged to have been caused by sparks from defendant company’s locomotive. The separate answers of defendant company and defendant Barr denied knowledge as to whether the building was destroyed or damaged by fire. The replies were general denials. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $4,-000. From an order denying its alternative motion for judgment…
1Opinion of the CourtHolt, J.
In an action to recover for the loss of its church building by fire claimed' to have been set by a locomotive of the defendant railway company, plaintiff had a verdict, and the company appeals from the order denying its alternative motion for judgment notwithstanding the verdict or for a new trial. Two servants of the company were made parties defendant. The jury found in favor of one, the engineer in charge of the locomotive, and as to the other the action was dismissed on motion.
Under Laws 1909, p. 454, c. 878 [R. L. Supp. 1909, § 2041], the *183railway company’s liability is established, if…
2Cases cited5 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Hoffman v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1889
- Colorado Midland Railway Co. v. SniderSupreme Court of Colorado · 1906
- Knight v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Cohues v. FinholtSupreme Court of Minnesota · 1907
3Cited by5 opinions
- Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1920
- Home Insurance v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1920
- Potter v. Great Northern Railway Co.Supreme Court of Minnesota · 1925
- Dumbeck v. Chicago Great Western RailroadSupreme Court of Minnesota · 1929
- Potter v. Great Northern Railway Co.Supreme Court of Minnesota · 1925