Legal Opinion

Hayes v. Chicago, Milwaukee & St. Paul Railway Co.

Supreme Court of Minnesota

Decided December 2, 1890PublishedCited by 13 opinions

Appeal by defendant from an order of the district court for Mower-county, Farmer, J., presiding, refusing a new trial after verdict of $926.9S for plaintiff.

1Opinion of the CourtCollins, J.

In this action, which was brought to recover for standing timber alleged to have been destroyed by a fire set by one of appellant’s locomotives, the respondent, plaintiff, had a verdict. The jury also found, specially, that the fire originated on appellant’s right of way from coals or sparks scattered by the locomotive in question; that the locomotive was equipped with the latest and most approved appliances for preventing the escape of fire; and that it was in perfect condition at the time. It was also found, specially, that the engineer in charge and his fireman were not skilful and…

2Cases cited5 opinions

  1. Argotsinger v. . VinesNew York Court of Appeals · 1880
  2. Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
  3. Karst v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1875
  4. Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
  5. Carner v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890

3Cited by13 opinions

  1. Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
  2. Hoye v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
  3. Rowe v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1897
  4. Bailey v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
  5. Chicago, Indianapolis & Louisville Railway Co. v. BrownIndiana Supreme Court · 1901

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