Martin v. McCrary
Tennessee Supreme Court
FROM MONROE. < Appeal in error from the Circuit Court of Monroe County. — Geo. L. Burke, Judge. Statement by Mr. Justice Neid. Action by the owner of a wheat crop against the owner of a steam thresher for negligently setting fire to the wheat in the stack by means of sparks emitted from the engine, whereby the crop was destroyed.
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FROM MONROE. < Appeal in error from the Circuit Court of Monroe County. — Geo. L. Burke, Judge. Statement by Mr. Justice Neid. Action by the owner of a wheat crop against the owner of a steam thresher for negligently setting fire to the wheat in the stack by means of sparks emitted from the engine, whereby the crop was destroyed. The case was tried before the circuit judge without the intervention of a jury, with the result that he dismissed the plaintiffs’ case and rendered judgment against them for the costs of suit. From this judgment they have prosecuted a writ of error, also an appeal,…
1Opinion of the CourtJustice Neil
The degree of care required by one threshing wheat with a steam thresher, in respect of setting fires, is the same as that devolved upon railway companies in the use of their engines. That rule, as laid down in Railroad v. Fort, 112 Tenn., 432, 80 S. W., 429, is that “care com *320mensurate with, the risk or hazard” must be used. In the same opinion the degree of care required is thus characterized. “A degree of care and prudence commensurate with the danger to which property is exposed by them in the lawful conduct of their business.” In the same case it is further said: “They are authorized to…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. FortTennessee Supreme Court · 1903
3Cited by18 opinions
- North Memphis Sav. Bank v. Union Bridge & Construction Co.Tennessee Supreme Court · 1917
- Carolina, Clinchfield & Ohio Railroad v. Unaka Springs Lumber Co.Tennessee Supreme Court · 1914
- American Paving & Contracting Co. v. DavisCourt of Appeals of Maryland · 1916
- In Re Estate of RhodesTennessee Supreme Court · 1968
- John Rooff & Sons, Inc. v. WinterbottomSupreme Court of Iowa · 1957
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