Clark v. Grand Trunk Western Railway Co.
Michigan Supreme Court
Error to Eaton; Smith, J. Case by Sarah P. Clark against the Grand Trunk Western Railway Company for negligently burning plaintiff’s buildings. There was judgment for plaintiff, and defendant brings error. In three counts of plaintiff’s declaration it is charged that fire from one of defendant’s locomotive engines was negligently cast upon and set fire to the premises of plaintiff.
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Error to Eaton; Smith, J. Case by Sarah P. Clark against the Grand Trunk Western Railway Company for negligently burning plaintiff’s buildings. There was judgment for plaintiff, and defendant brings error. In three counts of plaintiff’s declaration it is charged that fire from one of defendant’s locomotive engines was negligently cast upon and set fire to the premises of plaintiff. In a fourth count the charge is that the same premises being found to be on fire, the fire company of the city had attached a hose to a nearby hydrant, laid the hose across the defendant’s tracks, in a street there…
1Opinion of the CourtOstrander, J.
(after stating the facts). 1. The fact that the fire was set, as alleged, must be proved; not, necessarily, by the testimony of an eyewitness, but by evidence which reasonably leads an inquiring and unbiased mind to the conclusion that a cinder from the particular engine caused the fire. The evidence is not sufficient if it establishes no more than that the fire might so have been set.
*402“The origin of a fire under such circumstances must be established so as to produce conviction, to a reasonable certainty, on an unprejudiced mind, the same as any other fact; and, until there is evidence to so…
2Cases cited4 opinions
- Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Patton v. WellsCourt of Appeals for the Eighth Circuit · 1903
- Leitch v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
3Cited by24 opinions
- Gilbert v. New Mexico Const. Co.New Mexico Supreme Court · 1935
- Union Ice Co. v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1914
- Eclipse Lumber Co. v. DavisSupreme Court of Iowa · 1923
- Erickson v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
- Concordia Fire Insurance v. Simmons Co.Wisconsin Supreme Court · 1918
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