St. Paul Fire & Marine Insurance v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for Eamsey county to recov.er $958.50 ■damages. The complaint, among other matters, set out a statute of North Dakota providing that every railroad shall have power to make surveys for its proposed road, “and for such purpose, by its ■officers or agents or servants, to enter upon the lands or waters of any person, but subject to responsibility for all damage which shall "be done thereto;” that, at the time of setting out the fire mentioned in the…
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Action in the district court for Eamsey county to recov.er $958.50 ■damages. The complaint, among other matters, set out a statute of North Dakota providing that every railroad shall have power to make surveys for its proposed road, “and for such purpose, by its ■officers or agents or servants, to enter upon the lands or waters of any person, but subject to responsibility for all damage which shall "be done thereto;” that, at the time of setting out the fire mentioned in the opinion, the tent was on the windward side and dangerously near the barn destroyed, a high wind was blowing, and…
1Opinion of the CourtSimpson, J.
The defendant, in April, 1905, while engaged in surveying a line-of railway in the state of North Dakota, had established a camp for one of its surveying parties on premises belonging to Haslam and Connolly. The camp was located not far from a shingle-roof barn. While the camp was so located, one of the tents caught fire. The-burning pieces thereof were carried by the wind to the barn, and the barn and contents were destroyed, causing a loss of upwards of $958.50. Upon the property the plaintiff had issued a fire insurance policy, and after the fire paid Haslam and Connolly the sum of…
2Cited by2 opinions
- Zuber v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1956
- Keithley v. HettingerSupreme Court of Minnesota · 1916