Duer v. S. E. Allen & Son
Supreme Court of Iowa
Appeal from Wright District Court. — Hon. E>. R. Hind-man, Judge. Plaintiff, in- 1891, leased to- the defendants a creamery building and certain personal property for the period of three years. The property was situated at Belmond, Io-wa. In December, 1892, the property was burned; and this- action is to- recover therefor, on the ground of negligence in operating and caring for the boiler and engine therein.
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Appeal from Wright District Court. — Hon. E>. R. Hind-man, Judge. Plaintiff, in- 1891, leased to- the defendants a creamery building and certain personal property for the period of three years. The property was situated at Belmond, Io-wa. In December, 1892, the property was burned; and this- action is to- recover therefor, on the ground of negligence in operating and caring for the boiler and engine therein. There was a judgment for the plaintiff, and the defendants appealed.—
1Opinion of the CourtGranger, J.
I. It is first urged thatthe verdict is not supported by the evidence. It is not questioned *37but that, there is a conflict, but its. weight as to facts and1 probabilities is argued. The theory of the plaintiff is that the fire originated in the boiler room of the building by the escape of fire from the furnace on to some boards lying on the ground in front of the furnace. Borne five or six witnesses, testify to being at the building, soon after the fire started, and to seeing the boards in front of the furnace on fire, and the partitions on Are, before there was fire in other parts of the…
2Cases cited3 opinions
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Knight v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- State v. DaySupreme Court of Iowa · 1882
3Cited by9 opinions
- Kuiken v. GarrettSupreme Court of Iowa · 1952
- Keyser Canning Co. v. Klots Throwing Co.West Virginia Supreme Court · 1925
- Cumberland Telegraph & Telephone Co. v. DooleyTennessee Supreme Court · 1902
- Stoll v. Daly Mining Co.Utah Supreme Court · 1899
- Wilbur v. BuckinghamSupreme Court of Iowa · 1911
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