Baxter v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Mille Lacs county against the Great Northern Railway Company and the Eastern Railway Company of Minnesota to recover $732.50 for the destruction of plaintiff’s property by fire, alleged to have been set on defendants’ right of way by their sectionmen.
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Action in the district court for Mille Lacs county against the Great Northern Railway Company and the Eastern Railway Company of Minnesota to recover $732.50 for the destruction of plaintiff’s property by fire, alleged to have been set on defendants’ right of way by their sectionmen. The cause was tried by Baxter, J., and a jury, which returned a verdict in plaintiff’s favor for $564.16. From an order denying defendants’ motion for a new trial, the Great Northern Railway Company appealed. As to the necessity of tracing a fire under the circumstances of this case, we refer to Montague v.…
1Opinion of the CourtMitchell, J.
This is an action to recover damages for the destruction of plaintiff’s property by means of a fire alleged to have been negligently set by defendant’s sectionmen on its right of way.
There is evidence tending to prove that about the middle of August, 1894, defendant’s sectionmen set fire to a pile of old ties and rubbish on its right of way, at a point about 80 rods east of plaintiff’s premises, and that this fire escaped from the right of way into a ravine immediately west of it. It is this fire which plaintiff claims spread and finally reached his premises, and destroyed his property, on…
2Cases cited4 opinions
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Cooper v. Insurance Co. of PennsylvaniaWisconsin Supreme Court · 1897
- Mattoon v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1894
- Montague v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1897
3Cited by8 opinions
- Swenson v. ErlandsonSupreme Court of Minnesota · 1902
- Erickson v. StricklerSupreme Court of Minnesota · 1958
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Balding v. AndrewsNorth Dakota Supreme Court · 1903
- McCool v. DavisSupreme Court of Minnesota · 1924
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