Orient Insurance v. Northern Pacific Railway Co.
Montana Supreme Court
Appeal from District Court, Custer County; C. H. Loud, Judge. Action by the Orient Insurance Company of Hartford, Connecticut, against the Northern Pacific Railway Company, to recover insurance paid to owners of wool stored in a warehouse ignited by sparks from defendant’s engines and burned. Judgment for plaintiff. Defendant appealed.
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Appeal from District Court, Custer County; C. H. Loud, Judge. Action by the Orient Insurance Company of Hartford, Connecticut, against the Northern Pacific Railway Company, to recover insurance paid to owners of wool stored in a warehouse ignited by sparks from defendant’s engines and burned. Judgment for plaintiff. Defendant appealed. The doctrine of imputed contributory negligence has been directly applied where the relations between the parties is that of bailor and bailee; and it has been expressly held that the contributing negligence of the bailee, in reference to property entrusted to…
1Opinion of the Court
MR. COMMISSIONER CLAYBERG
prepared the following opinion for the court:
Appeal by the Northern Pacific Railway Company from a judgment and order overruling its motion for a new trial.
It appears from the complaint that on June 30, 1900, the warehouse owned by the Custer County Wool Warehouse Company, and situated upon the right of way of the railway company, was ignited by sparks from one of defendant’s engines and burned; that there was stored therein certain wool belonging to the firm of Hunter & Anderson, which was consumed with the building; and that this firm had their wool insured by the…
2Cases cited9 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Ball v. GussenhovenMontana Supreme Court · 1904
- Cummings v. Helena & Livingston Smelting & Reduction Co.Montana Supreme Court · 1902
- Brusberg v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Birsch v. Citizens' Electric Co.Montana Supreme Court · 1908
- Colonial Refining Co. v. LathropSupreme Court of Oklahoma · 1917
- Riley v. Northern Pacific Ry. Co.Montana Supreme Court · 1908
- De Amado v. FriedmanArizona Supreme Court · 1907
- Hollenback v. Stone & Webster Engineering Corp.Montana Supreme Court · 1913
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