Legal Opinion
Dickelman Mfg. Co. v. Pennsylvania R.
District Court, N.D. Ohio
Decided January 23, 1929No. 3366Published
1Opinion of the Court
HAHN, District Judge.
Plaintiff’s cause of action is based upon the first sentence of section 8970 of the General Code of Ohio, which is as follows:
“Every company * * * operating a railroad or a part of one shall be liable for all loss or damage by fires originating upon the land belonging to it eaused by operating such road.”
Plaintiff claims that its property was damaged by fire which was eaused by a wreck upon the defendant’s right of way. The wreck caused the derailment and ignition of two tank ears filled with benzol. The fire was communicated to the premises of the plaintiff, causing the…
2Cases cited20 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Whitney v. CaliforniaSupreme Court of the United States · 1927
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Truax v. CorriganSupreme Court of the United States · 1921
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
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