Northern Pacific Railroad v. Lewis
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OE APPEALS FOR THE NINTH CIRCUIT. This action was brought by the defendants in error against the railroad company to recover damages for the destruction of some 10,000 cords of wood by fire communicated to the wood by sparks from the engines of the company.
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ERROR TO THE CIRCUIT COURT OE APPEALS FOR THE NINTH CIRCUIT. This action was brought by the defendants in error against the railroad company to recover damages for the destruction of some 10,000 cords of wood by fire communicated to the wood by sparks from the engines of the company. It was alleged in the amended complaint that the railroad ■company neglected and failed, for a long time prior to the happening of the fire, and while using and operating their railroad, to keep each side of the railroad track free, from ■dead grass, weeds, brush and other dangerous and combustible material, as…
1Opinion of the CourtJustice Pecicham
The cases cited by the defendants in error show-the doctrine to be quite clearly established that an action of trespass de bonis asportatis does hot technically involve the question of title. It relates to the possession only of personal property, and it is brought to recover for -the injury to that possession. In such action it is held that an allegation of the ownership of the property is not material and that it need not be made, or if made that it need not be proved. Proof of possession simply is sufficient upon the theory that possession is prima facie evidence of some kind of rightful…
2Cases cited6 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- United States v. CookSupreme Court of the United States · 1874
- Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
- Aikin v. BuckNew York Supreme Court · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- United States v. Patricia Ann Wright, United States of America v. Shirley Ann Boyd, A/K/A Kim, A/K/A LisaCourt of Appeals for the D.C. Circuit · 1979
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Citadel Management, Inc. v. Telesis Trust, Inc.District Court, S.D. New York · 2000
39 more not listed; retrieve them via the Exa API.