Garrett v. Chicago & North-western Railway Co.
Supreme Court of Iowa
Appeal from Marshall District Gowrt. This action is brought to recover damages caused by fire alleged to have escaped from an engine on defendant’s road through the negligence of defendant’s employees in charge thereof, and through the insufficiency of the engine to prevent the escape of fire, whereby the dry grass and weeds on defendant’s line of road took fire, and communicating with plaintiff’s premises, her barn, shed and'fences were destroyed.
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Appeal from Marshall District Gowrt. This action is brought to recover damages caused by fire alleged to have escaped from an engine on defendant’s road through the negligence of defendant’s employees in charge thereof, and through the insufficiency of the engine to prevent the escape of fire, whereby the dry grass and weeds on defendant’s line of road took fire, and communicating with plaintiff’s premises, her barn, shed and'fences were destroyed. The cause was tried to a jury. Verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtMiller, J.
— I. It is first insisted by appellant’s counsel that there is no sufficient proof of negligence on the part of defendants.
^n^urSsirom sparks. In order to entitle the plaintiff to recover she must show, among other facts, that the injury complained of resulted from the negligence of the defendant. The burden of proof is upon her, and the mere fact that the flpe was caused by the escape of sparks from defendant’s engine does not make a prima facie case of negligence. Gandy v. The C. & N. W. Ry. Co., 30 Iowa, 420. As was said in that case: “ The plaintiff must aver negligence, and of course the…
2Cases cited2 opinions
- Gandy v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1870
- Kesee v. Chicago & N. W. R. R.Supreme Court of Iowa · 1870
3Cited by12 opinions
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Brusberg v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Omaha Fair & Exposition Ass'n v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1894
- Central Branch Union Pacific Railroad v. HothamSupreme Court of Kansas · 1879
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