Toledo, Peoria & Warsaw Railway Co. v. Pindar
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; ths Hon. John M. Scott, Judge, presiding. This was an action brought by Henry Pindar and Eobert Pindar, against the Toledo, Peoria & Warsaw Eailway Company, to recover for the loss of a store house and its contents, by fire, communicated from a burning building owned by the company, from which the fire was blown across the street to plaintiff’s store.
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Appeal from the Circuit Court of McLean county; ths Hon. John M. Scott, Judge, presiding. This was an action brought by Henry Pindar and Eobert Pindar, against the Toledo, Peoria & Warsaw Eailway Company, to recover for the loss of a store house and its contents, by fire, communicated from a burning building owned by the company, from which the fire was blown across the street to plaintiff’s store. The company’s building was set on fire by means of sparks which escaped from a passing engine of the defendants. The plaintiffs recovered and the company appealed.
1Opinion of the CourtJustice Walker
It appears from the record in this case, that about the first day of October, 1867, a train on appellants’ road, in charge of the employees of the company, passed through the town of Fairbury. It appears that fire was communicated in several places in the village, which was extinguished without producing any serious injury. But the “ Dresser Warehouse,” a building erected by the company, also took fire and was consumed. There being a high wind at the time, fire was blown across the street and communicated to the store of appellees, consuming the same, together with some $3600 or $3700 in…
2Cited by22 opinions
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- Anderson v. Oregon RailroadOregon Supreme Court · 1904
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
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