Small v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Poweshiek Circuit Corn Action to recover for an elevator and other property burned by a fire alleged to have been caused by the operating of the defendant’s road. There was evidence tending to show that sparks from one of the defendant’s engines set.fire to an elevator belonging to some person other than the plaintiff, standing about twenty feet from the road.
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Appeal from Poweshiek Circuit Corn Action to recover for an elevator and other property burned by a fire alleged to have been caused by the operating of the defendant’s road. There was evidence tending to show that sparks from one of the defendant’s engines set.fire to an elevator belonging to some person other than the plaintiff, standing about twenty feet from the road. Erom this elevator the fire was communicated to the plaintiff’s elevator standing about seventy feet therefrom. There was a general denial by the defendant, and evidence was introduced by it tending to show that there was no…
1Opinion of the CourtAdams, J.
An opinion was filed in this case, in which the writer hereof concurred, affirming the judgment of the Circuit Court — Justices Seevers and Eothrock dissenting. Afterward a rehearing was granted, and the case has been reargued with the learning and ability commensurate with its importance.
i. bailkoads : llresfneg” gence. Tlie question presented is as to whether the defendant is absolutely liable, without regard to negligence, if the fire was set by sparks escaping from one of its'engines, or "whether its liability must be based upon negligence; the fact of the injury, however, if occurring as…
2Cases cited11 opinions
- Chiles v. DrakeCourt of Appeals of Kentucky · 1859
- Snyder v. Western Union RailroadWisconsin Supreme Court · 1869
- Rood v. New-York & Erie RailroadNew York Supreme Court · 1854
- Rodemacher v. Mil. & St. P. R'y Co.Supreme Court of Iowa · 1875
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Railroad v. CriderTennessee Supreme Court · 1892
- Green v. Western American Co.Washington Supreme Court · 1902
- Sexton v. SextonSupreme Court of Iowa · 1905
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