Henry v. Southern Pacific Railroad
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, County of Monterey. Action to recover damages for the destruction by fire of unthreshed wheat in stacks, and threshed wheat in sacks, and stubble standing in the field of the plaintiff in Monterey County. The negligence alleged in the complaint was in driving and propelling the locomotive. There was no allegation about negligence in permitting dry grass to remain in the defendant’s right of way.
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Appeal from the District Court, Twentieth Judicial District, County of Monterey. Action to recover damages for the destruction by fire of unthreshed wheat in stacks, and threshed wheat in sacks, and stubble standing in the field of the plaintiff in Monterey County. The negligence alleged in the complaint was in driving and propelling the locomotive. There was no allegation about negligence in permitting dry grass to remain in the defendant’s right of way. On the trial, the plaintiff proved that he owned a field through which the railroad passed, and that, in August, 1872, a fire, which…
1Opinion of the Court
By the Court, McKinstry, J.:
The plaintiff introduced, without objection, evidence tending to show that defendant had permitted dry grass to remain between the track of the railway and the fence, in such quantities as would constitute a means of communicating fire from the engine to the field beyond the fence. The defendant subsequently moved to strike out all testimony relating to the condition of the strip of land between the track and the fence, “for the reason that it appeared from the whole evidence introduced by the plaintiff that the combustible material, if any, on said strip was not…
2Cases cited8 opinions
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
- Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
- Webb v. . R., W. and O.R.R. Co.New York Court of Appeals · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Judson v. Giant Powder Co.California Supreme Court · 1895
- Binford v. JohnstonIndiana Supreme Court · 1882
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Osborn v. City of WhittierCalifornia Court of Appeal · 1951
34 more not listed; retrieve them via the Exa API.