Metzgar v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Clay District Court. — Hon. Lot Thomas, Judge. Plaintiees were the owners of a quantity of hay destroyed by fire on the ninth day of October, 1886. They allege that the fire was wrongfully caused by defendant, and seek to recover its value. There was a trial by jury, and a verdict and judgment for plaintiff's. The defendant appeals.
1Opinion of the CourtRobinson, J.
— The evidence shows without conflict that the hay in question was destroyed on the date alleged, by a fire which was started on or near defendant’s right of way. Defendant denied the allegation's of wrong on its part, and pleaded that the engine which *389is said to have caused the fire was of approved pattern and manufacture; that at the date of the fire it was in good condition, and supplied with the latest improvements, and best known appliances, for preventing the escape of fire; and that it was operáted in a careful and skillful manner., „ fires: negugence: evitomCeofous' I. The evidence…
2Cases cited3 opinions
- Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
- Hosic v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1888
- Jackson v. Chicago & N. W. R. R.Supreme Court of Iowa · 1870
3Cited by10 opinions
- Phoenix Assurance Co. v. Texas Holding Co.California Court of Appeal · 1927
- Stephenson v. Sheffield Brick & Tile Co.Supreme Court of Iowa · 1911
- Helfenstein v. MedartSupreme Court of Missouri · 1896
- Wilder v. Great Western Cereal Co.Supreme Court of Iowa · 1906
- Connors v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1900
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