Rowe v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. D. Ryan Judge. The plaintiff claims damages for the destruction of an orchard, some grass, and a fence by fire, which he alleges was caused by the defendant in carelessly and negligently allowing fire to escape irony one of its locomotive engines on October 11, 1892. Defendant denies all of the allegations of the petition.
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Appeal from Mahaska District Court. — Hon. D. Ryan Judge. The plaintiff claims damages for the destruction of an orchard, some grass, and a fence by fire, which he alleges was caused by the defendant in carelessly and negligently allowing fire to escape irony one of its locomotive engines on October 11, 1892. Defendant denies all of the allegations of the petition. The cause was tried to the court and jury, and a verdict returned for plaintiff for one thousand seven hundred and forty dollars. Defendant appeals. —
1Opinion of the CourtKinne, C. J.
1 I. The orchard coveyed about.nineteen acres of ground, and over nine hundred trees were burned or destroyed. These consisted of two hundred and fifty-three mature trees, four hundred and twenty-seven commencing to bear, and two hundred and fourteen seedlings. Besides, twenty-four trees- were damaged; also some cherry trees'and one peach tree. The court instructed the jury that, as to the orchard, the measure of plaintiff’s damage would be the “difference between the^ fair market value of the plaintiff’s farm of 160 acres, upon which said' orchard was, not including the grass or fences…
2Cases cited11 opinions
- Fort Worth & New Orleans Railway Co. v. WallaceTexas Supreme Court · 1889
- Greenfield v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1891
- Graessle v. CarpenterSupreme Court of Iowa · 1886
- Louisville, Evansville & St. Louis Consolidated R. R. Co. v. SpencerIllinois Supreme Court · 1894
- Hayes v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Black v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1903
- Grell v. LumsdenSupreme Court of Iowa · 1928
- Blunck v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
- Koonz v. HempySupreme Court of Iowa · 1909
13 more not listed; retrieve them via the Exa API.