Connors v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Kossuth District Court. — Hon. R. H. Helsell, Judge. Action for damages occasioned by a fire alleged to have been set out and negligently permitted to escape by defendant’s employes when burning weeds and grass along its right of way. Verdict and judgment for the plaintiff, and the defendant appeals.-
1Opinion of the CourtLadd, J.
The fire which destroyed the plaintiff’s hay and injured his slo-ugh originated from a fire set out by the defendant’s seetionmen in burning the grass and weeds along its right of way,.or else from a sinder pile dumped from a thresher engine previously operated on the premises. In either event, recovery could only be had from the party at fault on an affirmative showing of negligence. This is conceded, unless it may be said that the fire was “set out or caused by operating” the defendant’s railway. See Gandy v. Railroad Co., 30 Iowa, 420. If so done, then, under section 1289 of the Code of…
2Cases cited9 opinions
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Gandy v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1870
- Stroble v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1886
- Johnson v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1889
- Larson v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
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3Cited by10 opinions
- Layman v. State Unemployment Compensation CommissionOregon Supreme Court · 1941
- Dunn v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of Iowa · 1906
- Polich v. Anderson-Robinson Coal Co.Supreme Court of Iowa · 1939
- State v. Canadian Pacific Railway Co.Supreme Judicial Court of Maine · 1926
- United States Fire Insurance v. Northern Pacific Railway Co.Washington Supreme Court · 1948
5 more not listed; retrieve them via the Exa API.