Osburn v. Oregon Railroad & Navigation Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. Action by the plaintiff against the defendant for damages caused by the destruction of his property by fire set by defendant’s locomotive. Judgment for plaintiff and defendant appealed.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. Action by the plaintiff against the defendant for damages caused by the destruction of his property by fire set by defendant’s locomotive. Judgment for plaintiff and defendant appealed. Assuming that the presumption of negligent construction or operation of defendant’s engine has arisen, defendant has rebutted the presumption by the introduction of uncontradicted evidence that defendant’s locomotive was properly equipped and properly handled on the day plaintiff’s barn was burned, and…
1Opinion of the CourtAilshie, C. J.
This action was instituted by the plaintiff to recover the sum of $1,600, the value of a barn and two bob-sleds alleged to have been destroyed by fire set from the defendant’s locomotive. The plaintiff’s barn was located on lot 4, in block 24, of the town of Osburn, Shoshone county, and was 45 feet from the center of the railroad track and 20 feet from the defendant’s right of way. On the morning of August 4, 1907, the defendant ran an excursion train over its road by this property, and soon after the train had passed the fire broke out on the roof of the barn on the side next to the railroad…
2Cases cited20 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
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3Cited by7 opinions
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- Petricevich v. Salmon River Canal CompanyIdaho Supreme Court · 1969
- Fodey v. Northern Pacific Railway Co.Idaho Supreme Court · 1912
- Allen-Wright Furniture Co. v. HinesIdaho Supreme Court · 1921
- Lafferty v. W. M. Ritter Lumber Co.West Virginia Supreme Court · 1925
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