Legal Opinion

Karsen v. Milwaukee & St. Paul Railway Co.

Supreme Court of Minnesota

Decided December 30, 1881PublishedCited by 46 opinions

Appeal by defendant from an order of the district court for Mower county, Farmer, J., presiding, refusing a new trial. The case is stated in the opinion. cited Wood-son v. Mil. é St. Paid Ry. Co., 21 Minn. 60; Clemens v. Hannibal & St. Joseph It. Co., 53 Mo. 366; Spaulding v. Chic, é N. W. B. Co., 30 Wis. 110; Pa. R. Go. v. Hope, 80 Pa.

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Appeal by defendant from an order of the district court for Mower county, Farmer, J., presiding, refusing a new trial. The case is stated in the opinion. cited Wood-son v. Mil. é St. Paid Ry. Co., 21 Minn. 60; Clemens v. Hannibal & St. Joseph It. Co., 53 Mo. 366; Spaulding v. Chic, é N. W. B. Co., 30 Wis. 110; Pa. R. Go. v. Hope, 80 Pa. St. 373; Spaulding v. Chic. & N. W. R. Co., 33 Wis. 591; Kesee v. Chic. é N. W. R. Co., 30 Iowa, 78; Ghic. é N. W. R. Go. v. Simonson, 54 Ill. 504; Gandy v. Chic, é N. W. R. Co., 30 Iowa, 420; Witherell v. Mil. é St. Paid Ry. Go., 24 Minn. 410; Grand Trunk R.…

1Opinion of the CourtMitchell, J.

This is an action for damages for the destruction of two stacks of hay by fire, alleged to have been set by a coal or spark from defendant’s engine, through negligence in operating its road. The only question for consideration is whether the verdict against the defendant was sustained by the evidence.

The first point raised is that there was no evidence that the fire which caused the injury was set by defendant’s engine. The evidence tended to. show that the fire started in the grass near and to the leeward of defendant’s track, a few minutes after a train had passed; ihat there was quite a…

2Cases cited2 opinions

  1. Burke v. Louisville & Nashville RailroadTennessee Supreme Court · 1872
  2. Woodson v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1874

3Cited by46 opinions

  1. Artman v. ArtmanSupreme Court of Connecticut · 1930
  2. Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
  3. United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
  4. Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
  5. Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904

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