Lewis v. Schultz
Supreme Court of Iowa
Appeal from Council Bluffs. Superior Court. — Hon. J. E. P. McGee, Judge. Action at law to recover damages of the defendants for setting out a fire in the month of September, 1894. The answer was a genera] denial. The case was tried to a jury, which returned a verdict for plaintiff against Henry Schultz, Sr., and Julius Schultz, in the sum of six hundred 'and twenty-five dollars, upon which judgment was rendered, and they appeal.
1Opinion of the CourtDkkmkr, J.
The action is predicated upon an alleged violation' of the statute (Code, section 8S90), which is as follows: “If any person set tire to, or burn, or cause to he burned, any prairie or timber land, and allow such fire to escape from his control, between the first day of September in any year and the first day of May following, he shall be deemed guilty of a misdemeanor,". etc. The evidence shows that one Joseph Leibezeit was in the employ of the defendant, Henry Schultze, Sr., as an ordinary farm hand from Augusts to September 29,1S94; that while so employed, he set out a fire on some prairie…
2Cases cited3 opinions
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
- Johnson v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1882
3Cited by11 opinions
- Vlotho v. Hardin CountySupreme Court of Iowa · 1993
- Heintz v. Iowa Packing Co.Supreme Court of Iowa · 1936
- Frances v. Town of SharonSupreme Court of Iowa · 1909
- United States v. Betty Fuller FarmerCourt of Appeals for the Eighth Circuit · 1968
- Healy v. JohnsonSupreme Court of Iowa · 1905
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