German Insurance v. Chicago & Northwestern Railway Co.
Supreme Court of Iowa
Appeal from Carroll District Court. — How. F. M. Powers, Judge; Action to recover damages for the destruction by fire of a dwelling house and contents upon which plaintiff had a fire insurance policy in the sum of $1,000, which indemnity it paid to the original owner of the property destroyed. Liability on tbe part of tbe company is predicated upon its setting out tbe fire. Defendant denied that it was responsible for the fire, and denied all negligence on its part.
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Appeal from Carroll District Court. — How. F. M. Powers, Judge; Action to recover damages for the destruction by fire of a dwelling house and contents upon which plaintiff had a fire insurance policy in the sum of $1,000, which indemnity it paid to the original owner of the property destroyed. Liability on tbe part of tbe company is predicated upon its setting out tbe fire. Defendant denied that it was responsible for the fire, and denied all negligence on its part. It also pleaded a settlement with the owner of the property, but as it withdrew this defense during the course of the trial the…
1Opinion of the CourtDeemer, J.
Something like eighteen errors are assigned as a reason for the reversal of the judgment. Not all are argued, and we shall only consider those which seem to be important or controlling. Most of these center around the instructions given and refused, although there are two or three rulings on evidence which are challenged. These latter relate to the testimony of experts as to the construction ■and operation of engines.
„ 1, Railroads: dencLevi” ‘1 Claim is made that the defendant, in the negligent operation and construction of its engines, set fire to an elevator in the town of Glidden, which…
2Cases cited13 opinions
- Yahn v. City of OttumwaSupreme Court of Iowa · 1883
- Faust v. HosfordSupreme Court of Iowa · 1903
- Greenfield v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1891
- Perpetual Building & Loan Ass'n v. United States Fidelity & Guarantee Co.Supreme Court of Iowa · 1902
- Schaefer v. Anchor Mutual Fire InsuranceSupreme Court of Iowa · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wilson v. ElseSupreme Court of Iowa · 1927
- Canfield ex rel. Canfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1909
- Stewart v. Iowa Central Railway Co.Supreme Court of Iowa · 1907
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- McLaughlin v. GriffinSupreme Court of Iowa · 1912
2 more not listed; retrieve them via the Exa API.