Viera v. Atchison, Topeka & Santa Fe Railway Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Contra Costa County, and from an order denying a new trial. Wm. S. Wells, Judge. The facts are stated in the opinion of the court. E. W. Camp, A. H. Van Cott and U. T. Clotfelter, for Appellant.
1Opinion of the CourtCooper, P. J.
Plaintiff brought this action to recover the value of seventy-four cords of stove-wood alleged to have been destroyed by fire on the tenth day of June, 1904, it being claimed that said fire originated from sparks escaping from defendant’s engine and falling upon the dry grass on its right of way, causing the grass to ignite, that the flames extended to and burned the grass upon plaintiff’s adjoining land, thus setting fire to and burning the stove-wood.
It is alleged that the fire was caused by defendant’s negligence in allowing dry grass and combustible materials to accumulate upon its right…
2Cited by12 opinions
- Osborn v. City of WhittierCalifornia Court of Appeal · 1951
- Gallichotte v. California Mutual Building & Loan Ass'nCalifornia Court of Appeal · 1935
- Seeley v. CombsCalifornia Supreme Court · 1966
- Kurn v. FondrenMississippi Supreme Court · 1940
- Kennedy v. Minarets & Western Railway Co.California Court of Appeal · 1928
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