Bass v. Chicago, Burlington & Quincy Railroad
Illinois Supreme Court
This was an action on the case, brought by Bass ; the declaration was substantially as follows: First count sets out that on 3rd September, 1859, at said county, plaintiff was the owner of 300 bushels of wheat in stacks, on his farm in Berlin township. That defendant was then and there the owner of a railroad leading from Chicago to Burlington and Quincy, and running through-plaintiff’s said farm, and within forty rods of said wheat stacks.
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This was an action on the case, brought by Bass ; the declaration was substantially as follows: First count sets out that on 3rd September, 1859, at said county, plaintiff was the owner of 300 bushels of wheat in stacks, on his farm in Berlin township. That defendant was then and there the owner of a railroad leading from Chicago to Burlington and Quincy, and running through-plaintiff’s said farm, and within forty rods of said wheat stacks. That defend^ ant was also the owner of a strip of fifty feet of ground cm each side of railroad track ; that said strip of land nearest to the said wheat…
1Opinion of the CourtBreese, J.
This was an action on the case, against a railroad company for negligence. First, in negligently and carelessly suffering the fire from the engine, while running upon their road, to be communicated to the dry grass on their right of way, and from that to the adjoining stubble of the plaintiff, and through that to his wheat stacks, by which they were fired and totally consumed, twenty servants of the defendants standing by, whilst the fire was raging, and before it reached the stacks, and being duly notified of the fact, and requested to extinquish the fire refused to do so, or to make any…
2Cited by22 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Illinois Central Railroad v. MillsIllinois Supreme Court · 1866
- Burke v. Louisville & Nashville RailroadTennessee Supreme Court · 1872
- Gandy v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1870
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
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