St. Louis, Vandalia & Terre Haute R. R. v. Funk
Illinois Supreme Court
Appeal from the Circuit Court of Effingham county; the Hon. James C. Allen, Judge, presiding. This was an action on the case, in the court below, by Funk, against the railroad company, to recover damages for the destruction of the plaintiff’s house, and the goods therein, by fire alleged to have been communicated to the building by sparks and brands of fire which escaped from a locomotive engine of the defendant while passing the plaintiff’s premises. • A trial resulted in a…
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Appeal from the Circuit Court of Effingham county; the Hon. James C. Allen, Judge, presiding. This was an action on the case, in the court below, by Funk, against the railroad company, to recover damages for the destruction of the plaintiff’s house, and the goods therein, by fire alleged to have been communicated to the building by sparks and brands of fire which escaped from a locomotive engine of the defendant while passing the plaintiff’s premises. • A trial resulted in a verdict and judgment in favor of the plaintiff for $497. The defendant appealed.
1Opinion of the CourtJustice Soott
The finding that the destruction of plaintiff’s property was occasioned by fire communicated by a locomotive engine passing on defendant’s road, is warranted by the evidence in the record. There had been no considerable fire in the house for several hours previous to the passing of the train, and what there was had been carefully secured. It is hardly probable, as insisted, the fire had started, in the morning, from plaintiff’s chimney or otherwise, and had been burning slowly all day before breaking out in the evening. Had such been the fact, smoke would undoubtedly have been discovered by…
2Cases cited1 opinion
- Chicago & Alton Railroad v. QuaintanceIllinois Supreme Court · 1871
3Cited by5 opinions
- Brusberg v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Continental Insurance v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1906
- City of Bloomington v. TebballsAppellate Court of Illinois · 1885
- Toledo, St. L. & K. C. R. R. v. KingmanAppellate Court of Illinois · 1893
- Louisville, Evansville & St. Louis Consolidated Railroad v. SpencerAppellate Court of Illinois · 1893