Hanlon v. Ingram
Supreme Court of Iowa
Appeal from the Polk District Court. This was an action to recover damages resulting to plaintiff, from the act of defendant in setting out fire, and permitting the same to escape, and pass on to the plaintiff’s premises, and burn up a large amount of rails and other property.
Read the full summary
Appeal from the Polk District Court. This was an action to recover damages resulting to plaintiff, from the act of defendant in setting out fire, and permitting the same to escape, and pass on to the plaintiff’s premises, and burn up a large amount of rails and other property. The defendant admits, that he did set out said fire, and that it escaped from his own premises on to those of plaintiff, but denies that it was through any carelessness or negligence on his part; and avers that he did all that was in his power to prevent said escape. On the trial, the plaintiff asked the court to…
1Opinion of the CourtWeight, C. J.
This case was before us at tbe last June term of this court. Then it appeared that the District Court bad instructed tbe jury, that plaintiff could not recover, without proving that defendant was guilty of gross negligence in setting out said fire, or permitting it to escape. This instruction was held to be erroneous, and tbe cause remanded for a new trial. It now appears from tbe foregoing instruction, that plaintiff claimed that defendant was liable, if be set out tbe fire, without reference to tbe question of negligence, or however much care, or caution, be might have taken in setting it…
2Cases cited3 opinions
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Panton v. HollandNew York Supreme Court · 1819
- Platt v. Johnson & RootNew York Supreme Court · 1818
3Cited by3 opinions
- Lieuallen v. MosgroveOregon Supreme Court · 1900
- Conn v. MaySupreme Court of Iowa · 1873
- Needham v. KingMichigan Supreme Court · 1893