Kesee v. Chicago & N. W. R. R.
Supreme Court of Iowa
Appeal from General Term, Eighth District (Iowa County). Action to recover damages from fire alleged to bave been set by sparks emitted from defendants’ engine, by reason of the negligence of its employees. The fire occurred on the 26th day of October, 1868, at a point on defendants’ road known as “Whisky Bottom,” and was first seen shortly after the defendants’ engine called “Chesapeake” passed that point, hauling a train of freight cars westward.
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Appeal from General Term, Eighth District (Iowa County). Action to recover damages from fire alleged to bave been set by sparks emitted from defendants’ engine, by reason of the negligence of its employees. The fire occurred on the 26th day of October, 1868, at a point on defendants’ road known as “Whisky Bottom,” and was first seen shortly after the defendants’ engine called “Chesapeake” passed that point, hauling a train of freight cars westward. The fire extended to and consumed plaintiff’s haystacks, situated on the open prairie, about a half mile from defendant’s road. Trial to a jury;…
1Opinion of the Court
Cole, Ch. J.
I. The first five assignments of error are submitted by appellant’s counsel without argument. They relate to the admission of testimony by experts; to the admission of certain alleged immaterial facts concerning the course of the fire; to the exclusion of hearsay or secondary evidence, and of telegraphic reports respecting the running of trains. The action of the court in all was well grounded upon recognized general principles of evidence, and we need not take the space to state the several questions at further length.
1. Practice: evidence. II. The sixth error assigned arises…
2Cases cited2 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Ohio & Mississippi Railroad v. ShanefeltIllinois Supreme Court · 1868
3Cited by21 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
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- West v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1887
- Central Branch Union Pacific Railroad v. HothamSupreme Court of Kansas · 1879
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