Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. On February 1, 1890, the Chicago, Milwaukee & St. Paul Railway Company, the defendant in error, leased to Simpson, Mclntire & Co., a copartnership, certain portions of its depot grounds at Monticello, in the state of ‘Iowa,, “upon the express condition that the said railway company, its successors and assigns, shall bo exempt and released, and said parties of the second part [Simpson,…
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In Error to the Circuit Court of the United States for the Northern District of Iowa. On February 1, 1890, the Chicago, Milwaukee & St. Paul Railway Company, the defendant in error, leased to Simpson, Mclntire & Co., a copartnership, certain portions of its depot grounds at Monticello, in the state of ‘Iowa,, “upon the express condition that the said railway company, its successors and assigns, shall bo exempt and released, and said parties of the second part [Simpson, Mclntire & Co.l, for themselves, and for their heirs, executors, and administrators, and assigns, do hereby expressly release…
1Opinion of the CourtSanborn, Circuit Judge
Is a condition, in a lease by a railway company of a portion of its right of way, that it shall not be liable to the lessee for any damage to any buildings or personal property thereon, caused by fire set by its locomotives, or by the negligence of its officers or servants, in violation of public policy, and therefore void? This is the question in this case. The public policy of a state or nation must be determined by its constitution, laws, and judicial decisions; not by the varying opinions of laymen, lawyers, or judges as to the demands of the interests of the public. Vidal v. Girard’s…
2Cases cited27 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Smith v. AlabamaSupreme Court of the United States · 1888
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3Cited by55 opinions
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- American Federation of State, County & Municipal Employees v. StateIllinois Supreme Court · 1988
- Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
- In Re RahnSupreme Court of Missouri · 1927
- Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
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