Hanlon v. Ingram
Supreme Court of Iowa
Appeal from the Polk District Court. This suit was brought by Hanlon against Ingram, for injuries resulting to the plaintiff’s property from the act of the defendant in setting out fire and permitting tbe same to escape, and pass on to tbe premises of tbe plaintiff, and there burn up a large amount of rails and ' other fencing, of tbe ■value of five hundred dollars.
Read the full summary
Appeal from the Polk District Court. This suit was brought by Hanlon against Ingram, for injuries resulting to the plaintiff’s property from the act of the defendant in setting out fire and permitting tbe same to escape, and pass on to tbe premises of tbe plaintiff, and there burn up a large amount of rails and ' other fencing, of tbe ■value of five hundred dollars. Tbe defendant answered, admitting that be set out tbe fire on bis own premises, and that it did escape and run on to tbe plaintiff’s premises as charged; but denying that such fire escaped by reason of negligence or carelessness…
1Opinion of the CourtWeight, C. J.
Tbe error assigned and relied upon^sre, is tbe giving tbe instruction above set forth. And this involves tbe question whether tbe defendant was liable, unless be was guilty of gross negligence in setting out said fire, and permitting tbe same to escape. To determine this, it is not necessary to discuss tbe question, whether tbe plaintiff should prove negligence on tbe part of defendant, in tbe first instance, in order to recover; or whether, having established tbe setting out the-fire, the escape of tbe same, and tbe injury resulting, it was not then tbe duty of tbe defendant to negative tbe…
2Cases cited1 opinion
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
3Cited by5 opinions
- Conn v. MaySupreme Court of Iowa · 1873
- Putman v. WhiteAlabama Court of Appeals · 1920
- In re Mitchell, New York Executive Chamber1885
- Jacobs v. AndrewsSupreme Court of Iowa · 1857
- Mobile & Ohio Railroad v. KeithCourt of Appeals of Tennessee · 1927