Mathews v. Great Northern Railway Co.
North Dakota Supreme Court
Appeal from District Court, Williams County; Morgan, J. Action by K. I. Mathews against the Great Northern Railway Company for damages for the destruction of hay and grass by fire negligently set out by defendant. From a judgment on a verdict directed for defendant, plaintiff appeals.
1Opinion of the CourtCorliss, C. J.
The appeal in this case is taken from a judgment based upon a verdict in favor of the defendant, directed by the court. The action was to recover damages for the destruction of hay and standing grass, by fire, alleged to have been negligently set out by the defendant. In his complaint the plaintiff did not charge that the engine was lacking in proper appliances, or was out of repair, but averred that the carelessness which caused the fire was that of the servants and employes of the defendant in the operation of the train. The only evidence of negligence was the arbitrary presumption thereof…
2Cases cited3 opinions
- Buford v. HoutzSupreme Court of the United States · 1890
- Northern Pacific Railroad v. LewisSupreme Court of the United States · 1896
- Northern Pac. R. Co. v. LewisCourt of Appeals for the Ninth Circuit · 1892
3Cited by3 opinions
- Test v. ReichertNebraska Supreme Court · 1944
- King v. Great Northern Railway Co.Idaho Supreme Court · 1911
- Engelman v. BirdDistrict Court, D. Alaska · 1955