Pielke v. Chicago, M. & St. P. Ry. Co.
Supreme Court Of The Territory Of Dakota
Appeal from district court of Richland county; Hon. W. B. McConnell, Judge. It is conceded that there was no evidence, direct or circumstantial, that connected the defendant with the ignition of the fire which did the damage to the plaintiff; that is, the afternoon fire, if the same was separate and distinct from the morning fire. Was there any evidence, direct or circumstantial, sufficient in law to establish any connection between the a. m. and the p. m. fire? See Gr. Ev.
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Appeal from district court of Richland county; Hon. W. B. McConnell, Judge. It is conceded that there was no evidence, direct or circumstantial, that connected the defendant with the ignition of the fire which did the damage to the plaintiff; that is, the afternoon fire, if the same was separate and distinct from the morning fire. Was there any evidence, direct or circumstantial, sufficient in law to establish any connection between the a. m. and the p. m. fire? See Gr. Ev. (Redf. Ed.) § 13; Commonwealth v. Webster, 5 Cush. 295, 312. The fact sought to be proved was that the defendant ignited…
1Opinion of the Court
Tripp, G. J.
This is an action brought to recover for damages sustained by fire alleged to have been set out by defendant’s engine upon its right of way, which spread and extended .to the plaintiff’s land, destroying hay, buildings, trees, and other property. There is no contest between plaintiff and defendant but that the fire occurred which did the damage, and that the amount of the damages found by the jury is a reasonable and *448proper amount; but the defendant insists that it did not set the fire, and that the evidence is insufficient to sustain the verdict in that respect.
It appears from…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Webb v. . R., W. and O.R.R. Co.New York Court of Appeals · 1872
- Annapolis & Elkridge Railroad v. GanttCourt of Appeals of Maryland · 1873
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1878
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3Cited by10 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
- Williams v. United StatesDistrict Court, D. South Dakota · 1978
- State v. RuthSouth Dakota Supreme Court · 1896
- Musch v. H-D Cooperative, Inc.South Dakota Supreme Court · 1992
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
5 more not listed; retrieve them via the Exa API.