Carter v. Kansas City, St. Joseph & Council Bluffs Railway Co.
Supreme Court of Iowa
Appeal from Shelby District Court. Action for damages sustained by a fire alleged to have been set out by the defendant. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.
1Opinion of the CourtAdams, J.
í neglipleadingevidence. I. The plaintiff averred in his petition that the defendant’s “freight train was so carelessly and negligently managed and operated that the sparks from the engine set fire to and burned ninety tons of etc. On trial, the evidence tended strongly, if not conclusively, to show that the fire was not set out by reason of any defect in the appliances used, or by reason of any negligence of the defendant in the manner in which the train was managed or operated. But the plaintiff was allowed to introduce evidence tending to show that defendant was guilty of negligence in…
2Cases cited1 opinion
- Denton v. C., R. I. & P. R.Supreme Court of Iowa · 1879
3Cited by15 opinions
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Orr v. Des Moines Electric Light Co.Supreme Court of Iowa · 1928
- Hoskins v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- Volquardsen v. Iowa Telephone Co.Supreme Court of Iowa · 1910
- Kelly v. Muscatine, Burlington & Southern RailroadSupreme Court of Iowa · 1923
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