Toledo, St. Louis & Western Railroad v. Parks
Indiana Supreme Court
From Grant Superior Court; B. F. Harness, Judge. ‘ Action by Henry N. Parks against the Toledo, St. Louis & Western Railroad Company for damages for negligently setting fire to his woods. From a judgment on a verdict for $250, the defendant appeals. Transferred from the Appellate Court under §1337u B.urns 1901.
1Opinion of the CourtHadley, J.
Appellee recovered judgment for damages caused hy fire, alleged to have been permitted to escape from a locomotive, through the negligence of appellant. The. negligence charged in the complaint was the use on the locomotive of an insufficient spark-arrester, and an in*593sufficient furnace, fire-box, and ash-pan, by reason whereof fire was thrown out and away from the engine onto the plaintiff’s timber land adjoining the defendant’s right of way, ignited the grass and destroyed his growing trees. The answer was a general denial.
• The overruling of the motion for a new trial is the decision…
2Cases cited4 opinions
- Chicago & Eastern Illinois Railroad v. OstranderIndiana Supreme Court · 1888
- Martin v. StateIndiana Supreme Court · 1897
- Minnick v. StateIndiana Supreme Court · 1900
- Bradley, Holton & Co. v. WhickerIndiana Court of Appeals · 1899
3Cited by6 opinions
- Zollman v. Baltimore & Ohio Southwestern RailroadIndiana Court of Appeals · 1918
- Jones v. BeasleyIndiana Supreme Court · 1921
- Avery v. Nordyke & Marmon Co.Indiana Supreme Court · 1905
- Chicago & Erie Railroad v. BargerIndiana Court of Appeals · 1924
- Continental Insurance v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1906
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