Legal Opinion

Fisk v. Wabash Railroad

Michigan Supreme Court

Decided September 14, 1897PublishedCited by 5 opinions

Error to Lenawee; Lane, J. Case by Daniel Fisk against the Wabash Railroad Company for the negligent burning of property adjacent to its right of way. From a judgment for plaintiff, with costs to defendant, plaintiff brings error.

1Opinion of the CourtLong, C. J.

Action commenced in the Lenawee circuit court in trespass on the case for damages:

In setting fire to and burning 100 rods of fenoe on plaintiff’s land--------------------------------. §100

Burning certain of the soil on six-acre parcel____ 150

20 days’ labor in extinguishing fire .............- 25

Burning and destroying portions of land and meadow....................................... 25

§300

The declaration sets out that plaintiff is the owner of certain lands, described therein as containing 100 acres; that defendant’s right of way for its road 100 feet wide extends across it; that a fire was…

2Cited by5 opinions

  1. Dolph v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1907
  2. Sayre v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1919
  3. Pennsylvania Fire Insurance v. Ann Arbor RailroadMichigan Supreme Court · 1915
  4. Stoddard v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1916
  5. Beach v. Michigan Central RailroadMichigan Supreme Court · 1916

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