Dean v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Mower county, Farmer, J., presiding, refusing a new trial. The action was for the destruction of hay and grass on plaintiff’s land by fire alleged to have been caused by a locomotive of defendant.
1Opinion of the CourtDicKinson, J.
The evidence justified the conclusion that the fire complained of was set by the defendant’s locomotive No. 146. This is a fair, if not the only reasonable, inference from the facts disclosed, showing that the fire started in the plaintiff’s open field, about 60 feet from the railroad track, and far from any building or highway, immediately after the passing of the locomotive and train westward; that a strong wind was blowing from the south, and the fire started north of the track; that no persons were in the vicinity; and that there was no apparent cause of the fire except the passing train.…
2Cases cited1 opinion
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
3Cited by8 opinions
- Tennessee Cent. Ry. Co. v. McCowan Et Ux.Court of Appeals of Tennessee · 1945
- Greenfield v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1891
- McCullen v. Chicago & N. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1900
- Babcock v. Canadian Northern Railway Co.Supreme Court of Minnesota · 1912
- Roundtree v. Mount Hood R. R.Oregon Supreme Court · 1917
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