Smith v. Northern Pacific Ry. Co.
North Dakota Supreme Court
Appeal from District Court, La Moure County; Rose, J. Action by, Fred H. Smith against the Northern Pacific Railroad Company to recover damages from fire set by defendant’s locomotive. There was judgment for plaintiff, and defendant appeals.
1Opinion of the Court
Wallin J.
This action is brought to recover damages done to plaintiff’s property by a fire alleged to have been negligently *556started by the defendants. The complaint alleges, and the undisputed testimony shows, that the damaging fire occurred on the 6th day of April, 1889. It is undisputed that the fire started in dry grass at a point outside the defendant’s right of way, and about 118 feet distant from the railroad tracks, and that from the point of ignition the fire spread to plaintiff’s premises, and there destroyed the property of the plaintiff. The fact is clearly shown and not disputed,…
2Cases cited5 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Bergmann v. . JonesNew York Court of Appeals · 1883
- People of the State of New York v. . BeachNew York Court of Appeals · 1882
- Hathaway v. BrownSupreme Court of Minnesota · 1875
- Williams v. ClarkSupreme Court of Minnesota · 1891
3Cited by3 opinions
- State v. DennyNorth Dakota Supreme Court · 1908
- Kist v. KistNorth Dakota Supreme Court · 1932
- Dalen v. CoddingtonNorth Dakota Supreme Court · 1918