Preece v. Rio Grande Western Railway Co.
Utah Supreme Court
Appeal from tbe Second District Court, Davis County. — Hon. H. H. Bolapp, Judge. Action to recover damages for the destruction of the plaintiff’s barn and hay by fire alleged to have been caused by sparks from the defendant’s engine. From a judgment in favor of the plaintiff, the defendant appealed.
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Appeal from tbe Second District Court, Davis County. — Hon. H. H. Bolapp, Judge. Action to recover damages for the destruction of the plaintiff’s barn and hay by fire alleged to have been caused by sparks from the defendant’s engine. From a judgment in favor of the plaintiff, the defendant appealed. Assuming that this fire was caused by the defendant’s engine, then the fire resulted purely from an accident caused entirely by the very heavy wind, and was not the result of any negligence. The defendant is liable for negligence, but it is not liable for a mere accident. 1 Shear. & Red. Neg.,…
1Opinion of the CourtBaskin, J.
The complaint alleges “that on or about the tenth day of September, A. D. 1900, the said defendant *495operated and ran along its track a locomotive engine and train of cars in said county so carelessly and negligently that, in passing near the said barn and hay aforesaid, it permitted burning sparks, cinders, and coals to escape from said engine, which communicated fire to the barn and hay of said plaintiff, so situated in said county, thereby, and by reason of which, and by reason of said engine being so constructed and disordered that sparks and coals of fire were emitted therefrom, the said…
2Cases cited1 opinion
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
3Cited by5 opinions
- Osburn v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1908
- Continental Insurance v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1906
- Olmstead v. Oregon Short Line RailroadUtah Supreme Court · 1904
- Gleason v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1917
- Gleason v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1917