Burlington & Missouri R. R. v. Westover
Nebraska Supreme Court
This was an action, brought in the Lancaster district court, to recover damages for the destruction by fire, of plaintiff’s trees, straw, etc., on his premises. The fire was communicated by sparks or coals from a railway engine to dry grass and weeds, on its right of way, and passed thence over intervening lands to plaintiff’s farm, situated a half-mile from the track. The season was a dry one, and at the time of the fire a heavy wind prevailed.
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This was an action, brought in the Lancaster district court, to recover damages for the destruction by fire, of plaintiff’s trees, straw, etc., on his premises. The fire was communicated by sparks or coals from a railway engine to dry grass and weeds, on its right of way, and passed thence over intervening lands to plaintiff’s farm, situated a half-mile from the track. The season was a dry one, and at the time of the fire a heavy wind prevailed. The jury returning a verdict against the railroad company, motion for new trial was overruled, judgment entered, to reverse which the case came here…
1Opinion of the CourtMaxwell, J.
On the trial of this cause in the court below, the plaintiff in error introduced testimony showing that its locomotives were properly constructed and were equipped with all the most approved appliances for the prevention of the escape of fire.
The court on its own motion instructed the jury that, “ In operating its road the railroad company, is expected and required to use the most approved machinery in use by railroad companies generally, to prevent the communication of fire to combustible materials along or in the vicinity of its track, and it is also required to employ competent and careful…
2Cases cited8 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Anderson v. Oregon RailroadOregon Supreme Court · 1904
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
- Railway Co. v. Fire Ass'nSupreme Court of Arkansas · 1891
16 more not listed; retrieve them via the Exa API.