Hilbert v. Spokane International Railroad
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action by plaintiff to recover damages from the defendant caused by the careless and negligent setting of fire. Judgment for the plaintiff, and defendant appealed.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. Robert N. Dunn, Judge. Action by plaintiff to recover damages from the defendant caused by the careless and negligent setting of fire. Judgment for the plaintiff, and defendant appealed. “In an action to recover damages for loss occasioned by railroad fires, it devolves on the plaintiff to prove by a preponderance of the evidence that the fire was communicated by sparks or cinders from the railroad engine.” (Union Pac. Ry. Go. v. Keller, 36 Neb. 189, 54 N. W. 420; Stratton v. U. R. R. Go., 7 Colo. App.…
1Opinion of the CourtAilshie, Presiding J.
This action was instituted by the plaintiff for the recovery of damages sustained in the loss of growing timber. It was alleged by the plaintiff that the defendant railroad company carelessly and negligently maintained and operated locomotive engines which were not sufficiently and properly supplied with spark-arresters and appliances which prevent the escape of fire, and by reason of such neglect and failure to perform its duties it set fire *58on plaintiff’s lands and burned off a large body of timber. Judgment and verdict were rendered and entered for the plaintiff, and defendant moved for a…
2Cases cited3 opinions
- State v. FowlerIdaho Supreme Court · 1907
- State v. DealOregon Supreme Court · 1902
- Western Union Oil Co. v. NewloveCalifornia Supreme Court · 1905
3Cited by8 opinions
- Sanchez v. GaleyIdaho Supreme Court · 1987
- State v. Van VlackIdaho Supreme Court · 1937
- Chicago, St. P., M. & O. Ry. Co. v. KulpCourt of Appeals for the Eighth Circuit · 1939
- Mundy v. JohnsonIdaho Supreme Court · 1962
- State v. JonesIdaho Supreme Court · 1941
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