Legal Opinion

Connable v. Chicago, Burlington & Quincy Railroad

Supreme Court of Iowa

Decided February 10, 1914Published

Appeal from Lee District Court. — Hon. W. S. Hamilton, Judge. Action at law to recover damages alleged to have been occasioned to plaintiff’s property by fire set out by a locomotive on the defendant’s railway. Judgment for plaintiff, and defendant appeals. —

1Opinion of the CourtWeaver, J.

Tbe petition alleges that on March 24, 1910, a locomotive engine being operated over defendant’s railway emitted sparks, setting fire to the grass and weeds on the right of way, which fire spreading from the point of ignition extended npon and over plaintiff’s land and destroyed his bam upon said premises to his damage in the sum of $412.13. He also alleges that the same fire injured his pasture and meadow to the extent of $25. Further stating his claim, he says the fire was set out by said locomotive on March 24, 1910, and, not being extinguished, continued to burn until the following day…

2Cases cited3 opinions

  1. West v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1887
  2. Engle v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1888
  3. Furley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1894

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