Allenton Volunteer Fire Department v. Soo Line Railroad

DECISION and ORDER

MYRON L. GORDON, District Judge.

This action, which was begun in state court and subsequently removed here, seeks recovery of the plaintiff’s alleged costs for extinguishing three fires involving the defendant’s trains. Liability is asserted on theories of implied contract and quasi-contract. In lieu of trial, the parties have submitted the liability issue for final resolution on the basis of stipulated facts, exhibits and briefs.

The plaintiff is a non-stock, non-profit corporation operating as a volunteer fire department in the unincorporated community of Allenton. At the…