Fish v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Iowa
Appeal from Mcüiaslca District Coibrt. — Hon. D. Ryah, J udge. Action to recover damages from á fire alleged to liave been wrongfully caused by defendant. There was a trial by jury, and a verdict and judgment for plaintiff. The defendant appeals.
1Opinion of the CourtRobinson, J.
The fire in question was set out on the twenty-first day of July, 1886, and it is alleged destroyed a dwelling-house and grass and hay belonging to plaintiff of the value of six hundred and sixty dollars. It is the theory of the plaintiff that the fire was negligently set by a locomotive engine of defendant on its right of way; that defendant had negligently permitted rubbish, ties and other timber to accumulate on its right of way; that the material so left on the right of way was burned, and that fire therefrom was carried by a high wind a distance of five hundred and twenty-one feet to the…
2Cases cited3 opinions
- State v. BirminghamSupreme Court of Iowa · 1888
- Ham v. Wisconsin, Iowa & Nebraska R'y Co.Supreme Court of Iowa · 1883
- Spears v. Town of Mt. AyrSupreme Court of Iowa · 1885
3Cited by2 opinions
- Gibson v. Adams Express Co.Supreme Court of Iowa · 1919
- Fletcher v. KetchamSupreme Court of Iowa · 1920