Salo v. Duluth & Iron Range Railroad
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $4,S00 for standing timber and personal property destroyed by fire, allowed by the negligent and wilful acts of defendant to escape from its engines upon its right of way and communicated to plaintiff’s property. The substance of the answer will be found at the beginning of the opinion. The case was tried before Cant, J., and a jury which returned a verdict in favor of defendant.
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Action in the district court for St. Louis county to recover $4,S00 for standing timber and personal property destroyed by fire, allowed by the negligent and wilful acts of defendant to escape from its engines upon its right of way and communicated to plaintiff’s property. The substance of the answer will be found at the beginning of the opinion. The case was tried before Cant, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.
1Opinion of the CourtPhilip E. Brown, J.
The plaintiff brought an action against the defendant and the Adriatic Mining Company jointly to recover damages alleged to have been sustained from a forest fire set by them, and which burned over and injured his farm and personal property. This defendant having demurred on the ground of the improper uniting of causes of action, the plaintiff dismissed the action against the Mining Company, and charged the defendant with sole accountability for his loss by an amended complaint interposed by leave of court. The defendant then answered, denying responsibility for the fire, and affirmatively…
2Cases cited6 opinions
- Price v. Standard Life & Accident InsuranceSupreme Court of Minnesota · 1903
- Vogel v. D. M. Osborne & Co.Supreme Court of Minnesota · 1884
- State v. YatesSupreme Court of Minnesota · 1906
- Crowley v. Burns Boiler & Manufacturing Co.Supreme Court of Minnesota · 1907
- Burns v. MaltbySupreme Court of Minnesota · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. EvansSupreme Court of Minnesota · 2008
- Evans v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1916
- Carlson v. FredsallSupreme Court of Minnesota · 1949
- State v. GrunauSupreme Court of Minnesota · 1966
- Salo v. Duluth & Iron Range RailroadSupreme Court of Minnesota · 1914
7 more not listed; retrieve them via the Exa API.