Davidson v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Kandi-yohi county, Brown, J., presiding, refusing a new trial after verdict for defendant. The action was brought to recover damages for the destruction of plaintiff’s grain elevators, with their contents, by fire alleged to have been negligently suffered by defendant to escape from one of its locomotives.
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Appeal by plaintiff from an order of the district court for Kandi-yohi county, Brown, J., presiding, refusing a new trial after verdict for defendant. The action was brought to recover damages for the destruction of plaintiff’s grain elevators, with their contents, by fire alleged to have been negligently suffered by defendant to escape from one of its locomotives. The defendant denied that the fire was caused by the engine, and alleged contributory negligence on the part of the plaintiff in placing and leaving shavings and other combustibles in, under, and around the buildings. The nature of…
1Opinion of the CourtBerry, J.
In this action the plaintiff seeks to recover damages for the destruction of his elevator and its contents at Willmar, by fire alleged to have escaped from defendant’s locomotive engine on account of its careless and negligent construction and management.
1. The fire occurred on the eighth day of December, 1881. The plaintiff offered to show by a witness that “from the first of March to the first of May, 1881, he noticed that every engine that started cut from the yard threw sparks profusely, and further to show that during the summer and fall, up to the time of the burning, the witness…
2Cases cited7 opinions
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Heald v. ThingSupreme Judicial Court of Maine · 1858
- Krippner v. BieblSupreme Court of Minnesota · 1881
- Nelson v. . Sun Mutual Insurance CompanyNew York Court of Appeals · 1877
- Keith v. BriggsSupreme Court of Minnesota · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Wilson v. SorgeSupreme Court of Minnesota · 1959
- Anderson v. FieldingSupreme Court of Minnesota · 1904
- Swanson v. LaFontaineSupreme Court of Minnesota · 1953
- Farrell v. G. O. Miller Co.Supreme Court of Minnesota · 1920
- Rober v. Northern Pacific Railway Co.North Dakota Supreme Court · 1913
21 more not listed; retrieve them via the Exa API.