Pure Oil Co. v. Chicago, Milwaukee & St. Paul Ry. Co.
Montana Supreme Court
Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by tbe Pure Oil Company and another against the Chicago, Milwaukee & St. Paul Railway Company and another. Judgment for plaintiffs, and from an order denying its motion for a new trial, defendants appeal. It was prejudicial error to admit testimony of fires set by other engines. (33 Cyc. 1374; Jacksonville etc. By. Co. v. Peninsular Land etc.
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Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by tbe Pure Oil Company and another against the Chicago, Milwaukee & St. Paul Railway Company and another. Judgment for plaintiffs, and from an order denying its motion for a new trial, defendants appeal. It was prejudicial error to admit testimony of fires set by other engines. (33 Cyc. 1374; Jacksonville etc. By. Co. v. Peninsular Land etc. Co., 27 Fla. 1, 157, 17 L. R. A. 33, 9 South. 661, 689; Inman v. Elbertoñ Air-Line B. Co., 90 Ga. 663, 35 Am. St. Rep. 232, and note, 16 S. E. 958; Green Bidge B. Co. v. Brinkman, 64…
1Opinion of the CourtJustice Holloway
The plaintiff Pure Oil Company owned a warehouse situated on the right of way and within ten feet of the industry track of the Chicago, Milwaukee & St. Paul Railway Company, in Lewistown. On April 15, 1913, the warehouse and its contents *270were destroyed by fire, and this action was brought to recover damages.
The gravamen of the charge is that on and prior to April 15, 1913, the railway company negligently permitted combustible material to accumulate on its tracks, on either side thereof, for a distance of 100 feet, and adjacent to plaintiff’s warehouse on its right of way in Lewistown ■ that…
2Cases cited11 opinions
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
- Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
- Abrams v. Seattle & Montana Railway Co.Washington Supreme Court · 1902
- Yergy v. Helena Light & Railway Co.Montana Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McClure v. Hoopeston Gas & Electric Co.Illinois Supreme Court · 1922
- Staff v. Montana Petroleum Co.Montana Supreme Court · 1930
- In Re Silver's EstateMontana Supreme Court · 1934
- Liston v. ReynoldsMontana Supreme Court · 1923
- Russell v. Sunburst Refining Co.Montana Supreme Court · 1928
14 more not listed; retrieve them via the Exa API.