Lieuallen v. Mosgrove
Oregon Supreme Court
From Umatilla: Stephen A. Lowell, Judge. ■ Action by J. T. Lieuallen against Matt and James Mosgrove for damages caused by a fire originating where defendants’ threshing engine had stood, and said to have been caused by carelessly dropping live ashes into the stubble and failing to extinguish the fire remaining therein. There was judgment for plaintiff.
1Opinion of the CourtChief Justice Bean
This is an action to recover damages for loss of property caused by fire, alleged to have been the result of defendants’ negligence. The case was reversed at a former term because the plaintiff was allowed to recover *448upon a ground of negligence not alleged : Lieuallen v. Mosgrove, 33 Or. 282 (54 Pac. 200, 664). After the cause had been remanded to the court below,' the plaintiff was permitted to amend his complaint by alleging that the defendants were negligent, not only in depositing the ashes and cinders at a place where the fire contained therein would be liable to communicate to…
2Cases cited13 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- Baldock v. AtwoodOregon Supreme Court · 1891
- Talbot v. GarretsonOregon Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. RichardsonOregon Supreme Court · 1906
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- Ross v. RobinsonOregon Supreme Court · 1944
- Zimmerle v. ChildersOregon Supreme Court · 1913
- Torgerson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1924
9 more not listed; retrieve them via the Exa API.