Spokane International Ry. Co. v. United States

MACK, Circuit Judge.

This is an appeal by defendant from a judgment for plaintiff for $21,529.65, pursuant to verdict, in an action for damage to the Pend Oreille National Eorest by a fire alleged to have been caused by defendant’s negligence.

The negligence charged consisted in failing to keep the right of way clear of inflammable material as required by an Idaho statute of 1925 (Laws 1925, c. 150, § 14 [now in Idaho Code Ann. (1932) § 37-117]), in operating coal burning engines without adequate spark arresters, and in permitting the spread of tho fire to plaintiff’s lands. Plaintiff’s…