Ellsworth v. Ellingson
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. S. M. Weaver, Judge. Action to- recover damages for setting out a fi.ru which burned up a large quantity of hay, the property of the plaintiff. There was a trial by jury, and a verdict and judgment for the defendant, and plaintiff appeals.
1Opinion of the CourtRothrock, J.
*1551 *154I. The charging part of the petition is as follows: “The plaintiff, for cause of action,, states that on the twentieth day of November, 1892, he was the owner of three hundred tons of hay, situated in stack upon his farm in Wright county, Iowa; that on the said date the defendant set out and caused to-be set out, and burned and caused to be burned certain prairie land in the vicinity of said hay, and negligently and carelessly allowed said fire to escape from *155their control, and the same communicated to. and destroyed the said hay of plaintiff above mentioned; that said hay was of the value…
2Cases cited2 opinions
- Conn v. MaySupreme Court of Iowa · 1873
- Thoburn v. CampbellSupreme Court of Iowa · 1890
3Cited by2 opinions
- WESTERN MUTUAL INSURANCE COMPANY v. BaldwinSupreme Court of Iowa · 1965
- David J. Walton and Janice Walton v. Glenn EckhartCourt of Appeals for the Eighth Circuit · 1965