Hogan v. Bragg
North Dakota Supreme Court
Appeal from the District Court of Kidder County, Honorable W. L. Nuessle, Judge. Defendant appeals. The defendant was not guilty of any negligence. He set fire to a straw pile on his farm so as to remove it out of his way. No prairie fire was set by him or allowed to escape from him. There was a lapse of twenty days after the straw pile was set on fire before it escaped into the field and prairie. A very strong wind came and fanned the fire into a flame.
Read the full summary
Appeal from the District Court of Kidder County, Honorable W. L. Nuessle, Judge. Defendant appeals. The defendant was not guilty of any negligence. He set fire to a straw pile on his farm so as to remove it out of his way. No prairie fire was set by him or allowed to escape from him. There was a lapse of twenty days after the straw pile was set on fire before it escaped into the field and prairie. A very strong wind came and fanned the fire into a flame. Defendant supposed the fire had burned out. Defendant and his hired man did all in their power to stop the spread of the fire, by the use of…
1Opinion of the CourtRobinson, J.
The defendant appeals from a verdict and judgment for $1,500 on the charge of permitting to escape from his land a prairie fire which caused the death of plaintiffs husband. On March 21, 1915, the ground being covered with snow and defendant absent from his home on the southeast quarter 24-141 — 74, the hired man of defendant did of his own motion set fire to a straw bottom about half a mile from the house. On April 5, as the snow had melted and the straw bottom was still smouldering, the defendant plowed around it six furrows with a gang plow. Then another snow fell and lay for about six…
2Cases cited1 opinion
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
3Cited by1 opinion
- George v. OdenthalNorth Dakota Supreme Court · 1929