L. R. Martin Timber Co. v. Great Northern Railway Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $1,399.-50 for defendant’s negligence in operating a locomotive so as to throw sparks which set fire to the dry grass and other combustible material upon defendant’s right of way, whereby certain cedar ties located on such right of way were totally destroyed.
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Action in the district court for St. Louis county to recover $1,399.-50 for defendant’s negligence in operating a locomotive so as to throw sparks which set fire to the dry grass and other combustible material upon defendant’s right of way, whereby certain cedar ties located on such right of way were totally destroyed. The answer alleged that without right or authority from defendant, and against its protest, plaintiff several years prior to March, 1910, trespassed upon defendant’s right of way and piled thereon ties of the value not to exceed $100, which were destroyed by fire which was not…
1Opinion of the CourtHolt, J.
The action is for damages on account of the destruction of 3,000 railroad ties by a fire attributed to defendant’s negligence. Verdict for plaintiff, and appeal by defendant from the order denying its. alternative motion for judgment or a new trial.
The main facts are these: Dedham is a small station on defendant’s railway line in Wisconsin, near Superior. The usual side track facilities for loading and unloading shipments are there. In the fall of 1907 W. E. Culligan made a contract with one L. R. Martin to sell and deliver f. o. b. cars at Dedham a quantity of railroad ties. Pursuant thereto…
2Cases cited12 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
- Klugherz v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1903
- Schreiner v. Great Northern Railway Co.Supreme Court of Minnesota · 1902
- Chicago, Burlington & Quincy Railway v. CookWyoming Supreme Court · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Supornick v. SupornickSupreme Court of Minnesota · 1928
- Roadman v. C. E. Johnson Motor SalesSupreme Court of Minnesota · 1941
- Marinos v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1919