White v. Chicago, M. & St. P. R'y Co.
South Dakota Supreme Court
(Syllabus by the court. Appeal from district court, Moody county. Hon. Louis W. Cbofoot, Judge. Action for damages for the destruction of a dwelling house by fire alleged to have been started by sparks escaping from the engine of defendant. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. This action was brought to recover damages for personal property destroyed.
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(Syllabus by the court. Appeal from district court, Moody county. Hon. Louis W. Cbofoot, Judge. Action for damages for the destruction of a dwelling house by fire alleged to have been started by sparks escaping from the engine of defendant. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. This action was brought to recover damages for personal property destroyed. The property in fact was a building and was a part of the real estate upon which it was located. The action was therefore improperly brought and further it was error to admit evidence as to damages…
1Opinion of the CourtBennett, J.
The complaint alleges that plaintiff was, on and prior to the 10th day of October, 1885, the owner of, and in possession of, a farm house, valued at $250, situated on the N. of the N. W. i of section 25, township 107, and range 48, in Moody county, and that on that day the defendant so negligently managed its locomotives and engines on its road, and that they were so defective, that sparks escaped and set fire to the prairie adjacent to the premises of the plaintiff, which spread to and destroyed said dwelling house, damaging him in the sum of $260. The answer of the defendant is, in…
2Cases cited11 opinions
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Burke v. Louisville & Nashville RailroadTennessee Supreme Court · 1872
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Empire Mills Co. v. Burrell Engineering & Construction Co.Court of Appeals of Georgia · 1916
- Allend v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1899
- Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
- Louisville & Nashville R. R. v. BeelerCourt of Appeals of Kentucky · 1907
- Bailey v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
14 more not listed; retrieve them via the Exa API.