Greenfield v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. C. H. Lewis, Judge. On the first and second days of April, 1889, the plaintiff lost by fire some hay, fence posts and growing trees. This action is to recover from the defendant company, on the ground that the fires were set by passing engines. There was a judgment for the plaintiff, from which the defendant appeals.
1Opinion of the CourtGranger, J.
1. Railroads: negligence:: I. It is insisted by the appellant that the evidence is not sufficient to sustain a finding that the fires were set by the defendant’s engines. We give the appellants statement of the evidence bearing on this point: There were two fires. The first fire occurred April 1, 1889, about five o’clock in the afternoon. Samuel Boone testified: “A train had just passed before I saw the fire, and I noticed it in a few minutes. * * * I had not seen any fire in that vicinity that day, before the train passed. * * * No fire was set out on that place that day by myself or anyone…
2Cases cited4 opinions
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Babcock v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1886
- Babcock v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1883
- Dean v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1888
3Cited by32 opinions
- Davis v. Van Camp Packing Co.Supreme Court of Iowa · 1920
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904
- Black v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1903
- Worth v. WorthWyoming Supreme Court · 1935
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