Cleveland School District v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Nelson county; Honorable Chas. F. Templeton, J. Action by Cleveland School District, a corporation, against Great Northern Railway Company, a corporation. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. The value of the trees destroyed, as they stood at the time of the fire, is the true measure of damages.
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Appeal from District Court, Nelson county; Honorable Chas. F. Templeton, J. Action by Cleveland School District, a corporation, against Great Northern Railway Company, a corporation. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. The value of the trees destroyed, as they stood at the time of the fire, is the true measure of damages. Kansas City & O. R. Co. v. Rogers, 48 Neb. 653, 67 N. W. 602; Fremont, E. & M. Valley R. Co. v. Crum, 30 Neb. 70, 46 N. W. 217; Missouri, K. & T. R. Co. v. Lycan, 57 Kan. 635, 47 Pac. 526; Atchison, T. & S. F. R.…
1Opinion of the CourtCarmody, J.
This action was brought to recover damages for the destruction of ninety-five shade trees, situated on plaintiff’s property, adjacent to the right of way of defendant. Plaintiff owns about l-§acres of land adjoining the defendant’s right of way, and had on this land on October 4, 1906, a consolidated school building, erected at a cost somewhat in excess of $6,000, and 95 to 100 young shade trees. The trees were set out in spring of 1904, and formed a double row along the westerly side and northerly end of the school ground. They were destroyed by fire on October 4, 1906, set out and allowed…
2Cases cited15 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904
- Evans v. . Keystone Gas Co.New York Court of Appeals · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
- Central Railroad & Banking Co. v. MurraySupreme Court of Georgia · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Empire Mills Co. v. Burrell Engineering & Construction Co.Court of Appeals of Georgia · 1916
- McCaffery v. Northern Pacific Railway Co.North Dakota Supreme Court · 1912
- Seckerson v. SinclairNorth Dakota Supreme Court · 1913
- Lewis v. GuthrieIndiana Court of Appeals · 1916
- Spicer v. Northern Pacific Railway Co.North Dakota Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.