Liming v. Illinois Central Railroad
Supreme Court of Iowa
Appeal from O'Brien District Court. — Hon. C. H. Lewis, Judge. Action to recover damages caused by a fire alleged to have been set out by defendant in operating its railway. A demurrer to the first count of the petition was sustained. The plaintiff, having elected to stand on his pleading, appeals from the ruling on the demurrer.
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Appeal from O'Brien District Court. — Hon. C. H. Lewis, Judge. Action to recover damages caused by a fire alleged to have been set out by defendant in operating its railway. A demurrer to the first count of the petition was sustained. The plaintiff, having elected to stand on his pleading, appeals from the ruling on the demurrer. The demurrer in fact presents but one question, namely: Do the fads stated in this count of the petition show that defendant’s negligence was the proximate cause of plaintiff’s injury? The injury for which plaintiff sues is the direct consequence of the fire, a…
1Opinion of the CourtRobinson, J.
The allegations of the petition which the demurrer admits to be true are substantially as follows: On the third day of November, 1888, William Ortman owned, and with plaintiff and his family occupied, a certain farm in O’Brien county. Ortman owned some horses, which were kept in a barn on the farm, and plaintiff owned some hogs, which were kept in a pen outside the barn. On the day named, an engine on the railway of defendant set fire to grass and weeds on its right of way at a point opposite the premises of Ortman. A high wind was blowing at the time, which spread the fire rapidly, driving…
2Cases cited12 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Stewart v. Jefferson Plywood CompanyOregon Supreme Court · 1970
- Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
- Saugerties Bank v. . Delaware Hudson Co.New York Court of Appeals · 1923
- Clinkscales v. Nelson Securities, Inc.Supreme Court of Iowa · 2005
- Henneman v. McCallaSupreme Court of Iowa · 1967
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