McKenna v. Baessler
Supreme Court of Iowa
Appeal from Humboldt District Court. — Hon. George H. Carr, Judge. Action to recover damages for negligently setting fire to weeds and dry grass upon certain prairie land of the defendants, and permitting the same to escape from their control. There was a demurrer to the petition, which was sustained, and judgment rendered for the defendants for costs. The plaintiff appeals.
1Opinion of the CourtRothrock, J.
As the appeal comes to us upon the order sustaining the demurrer, it will be necessary to set out the alleged cause of action. It is averred in the petition that the defendants on the eighteenth day of April, 1892, “negligently, carelessly, willfully and without using proper caution, and contrary to law, set fire to certain weeds and grass upon the prairie, and upon their own premises in Humboldt county, and allowed said fire to escape from their control;” that *198the plaintiff is a farmer, and that said fire “burned from the place where it was so set out about one mile north, up to the…
2Cases cited7 opinions
- Liming v. Illinois Central RailroadSupreme Court of Iowa · 1890
- Griggs v. FleckensteinSupreme Court of Minnesota · 1869
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1881
- Raridan v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
- Conn v. MaySupreme Court of Iowa · 1873
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3Cited by5 opinions
- Wilson v. Northern Pacific Railway Co.North Dakota Supreme Court · 1915
- Glanz v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1903
- Williams v. United States Incandescent Lamp Co.Missouri Court of Appeals · 1913
- Lowden v. Shoffner Mercantile Co.Court of Appeals for the Eighth Circuit · 1940
- Reinking v. GoodellSupreme Court of Iowa · 1911