Comes v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from O’Brien District Qourt. — Hon. Scott M. Ladd, Judge. Action to recover damages for setting out fire by sparks from an engine, whereby plaintiff’s hay was burned. Trial to a jury. Verdict and iudgment for plaintiff. Defendant appeals.
1Opinion of the CourtGiven, C. J.
I. The points presented in argument require that we notice the pleadings with care. After alleging the defendant’s corporate capacity, and that it was operating a railway through O’Brien county, the petition goes on to state that the plaintiff was the absolute and unqualified owner of one hundred and forty tons of hay in stack upon certain lands described; that said hay was of the actual value of five hundred and sixty dollars; that about the eleventh of October, 1887, said hay was totally destroyed and burned up by a fire, communicated by the spreading of a prairie fire, started and…
2Cases cited3 opinions
- Barr v. HackSupreme Court of Iowa · 1877
- Murphy v. S. C. & P. R.Supreme Court of Iowa · 1881
- Lewis v. C., M. & St. P. R.Supreme Court of Iowa · 1881
3Cited by4 opinions
- Seaton v. GrimmSupreme Court of Iowa · 1899
- Chicago G. W. Ry. Co. v. KowalskiCourt of Appeals for the Eighth Circuit · 1899
- Caldwell v. DrummondSupreme Court of Iowa · 1905
- Powe v. A.C.L.R. R. Co.Supreme Court of South Carolina · 1930