Conn v. May
Supreme Court of Iowa
Appeal from, Iowa Circuit Cov/ri. The plaintiff states in his petition substantially that on or about the 8th day of April, 1871, the defendant carelessly and negligently set fire to, and caused to be burned, the grass, herbage and stumps on his own premises, and negligently allowed the fire to spread and pass to the premises of the plaintiff which were contiguous to those of defendant, whereby plaintiff was injured in his said premises.
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Appeal from, Iowa Circuit Cov/ri. The plaintiff states in his petition substantially that on or about the 8th day of April, 1871, the defendant carelessly and negligently set fire to, and caused to be burned, the grass, herbage and stumps on his own premises, and negligently allowed the fire to spread and pass to the premises of the plaintiff which were contiguous to those of defendant, whereby plaintiff was injured in his said premises. All the material allegations of the petition being denied in the answer, the cause was tried to a jury, who returned a verdict for plaintiff, upon which…
1Opinion of the Court
Miller, J.—
On the trial of the cause in the court below the following instruction was given to the jury:
“ Fifth If plaintiff’s timber was destroyed by fire set out by the defendant as alleged by the plaintiff then the defendant is liable; for if a party sets out fire, between the 1st day of September in any year and the 1st day of May following, and allow it to escape from his control, he is absolutely liable to any person injured thereby for the damages sustained, how*242ever much, diligence lie may have exercised to control it after it was set out, for a party setting out fire between the dates…
2Cases cited3 opinions
- Hanlon v. IngramSupreme Court of Iowa · 1855
- Hanlon v. IngramSupreme Court of Iowa · 1856
- Jacobs v. AndrewsSupreme Court of Iowa · 1857
3Cited by13 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Hansen v. KemmishSupreme Court of Iowa · 1926
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- WESTERN MUTUAL INSURANCE COMPANY v. BaldwinSupreme Court of Iowa · 1965
- Seckerson v. SinclairNorth Dakota Supreme Court · 1913
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