Olmstead v. Oregon Short Line Railroad
Utah Supreme Court
Appeal from the Second District Court, Weber County. —Hon. H. H. Rolapp, Judge. Action to recover damages for property alleged to have been destroyed by fire caused by sparks from a passing locomotive of defendant. From a judgment in favor of the plaintiff, the defendant appealed. Evidence that sparks and cinders were issuing from an engine and set out other fires tends to charge the company with negligent running of the engine. Startz v. Chicago, M. & St. P. Ry.
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Appeal from the Second District Court, Weber County. —Hon. H. H. Rolapp, Judge. Action to recover damages for property alleged to have been destroyed by fire caused by sparks from a passing locomotive of defendant. From a judgment in favor of the plaintiff, the defendant appealed. Evidence that sparks and cinders were issuing from an engine and set out other fires tends to charge the company with negligent running of the engine. Startz v. Chicago, M. & St. P. Ry. Co., 74 Wis. 160, 42 N. W. Rep. 214; Smith v. Chicago, M. & St. P. Ry. Co., 4 S. Dak. 71, 55 N. W. Rep. 717. Evidence that an…
1Opinion of the CourtMcCARTY, J.
1 Appellant contends that, as the warranty deed given by Olmstead to Mrs. Brereton for the land on which 'the buildings in question stood is silent as to any reservation by the grantor, Olmstead, of these structures, it was error for the court to admit evidence of an oral agreement between the parties that the title to the buildings was to remain in the grantor, Olmstead. It is contended that this evidence tended to, and did, vary the terms of a written instrument, and that defendant was prejudiced thereby. If this were an action between Olmstead and Mrs. Brereton, involving the title to the…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1902
- Great Northern Ry. Co. v. CoatsCourt of Appeals for the Eighth Circuit · 1902
- Chicago & Northwestern Railway Co. v. McCahillIllinois Supreme Court · 1870
- Preece v. Rio Grande Western Railway Co.Utah Supreme Court · 1902
- Smith v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1898
3Cited by5 opinions
- American Crystal Sugar Co. v. NicholasCourt of Appeals for the Tenth Circuit · 1941
- Chenoweth v. Southern Pac. Co.Oregon Supreme Court · 1909
- Gleason v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1917
- Los Angeles Traction Co. v. ConneallyCourt of Appeals for the Ninth Circuit · 1905
- Gleason v. San Pedro, L. A. & S. L. R.Utah Supreme Court · 1917