Stewart v. Iowa Central Railway Co.
Supreme Court of Iowa
Appeal from Mahaska District Court.— HoN. Byeon W. Peeston, Judge. Action at law to recover damages in the value of a stock of merchandise destroyed by fire. It was alleged in the petition that the building in which plaintiffs goods were situated was set on fire by sparks from a locomotive engine passing on defendant’s railway, resulting in a complete loss of such goods.
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Appeal from Mahaska District Court.— HoN. Byeon W. Peeston, Judge. Action at law to recover damages in the value of a stock of merchandise destroyed by fire. It was alleged in the petition that the building in which plaintiffs goods were situated was set on fire by sparks from a locomotive engine passing on defendant’s railway, resulting in a complete loss of such goods. Negligence was' alleged in that the engine in question was not properly constructed., was out of repair, and, at tbe time, was being improperly and carelessly operated; tbat by reason of sucb negligent condition and operation…
1Opinion of the CourtBishop, J.
Tbe action was brought in reliance upon tbe provisions of Code, sections 2055, 2056. ' Tbe latter section reads as follows: “ Any corporation operating a railway shall be liable for all damages . . . occasioned by fire set out or caused by tbe operation of sucb railway. Sucb damages may be recovered ... in tbe manner set out in tbe preceding section,” etc. Tbe provision of section 2055 which is thus made applicable is in these words: “ And to recover the same (i. e., damages) it shall only be necessary for him to prove tbe loss 'of or injury to bis property.” Tbe trial court attempted to give…
2Cases cited3 opinions
- Small v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- Babcock v. Chicago & Northwestern R'y Co.Supreme Court of Iowa · 1883
- German Insurance v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1905
3Cited by14 opinions
- Hertz v. Advertiser Co.Supreme Court of Alabama · 1918
- Mitchell v. Phillips Mining Co.Supreme Court of Iowa · 1917
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Ohlson v. Sac County Farmers' Mutual Fire InsuranceSupreme Court of Iowa · 1921
- Iowa Cent. Ry. Co. v. Hampton Electric Light & Power Co.Court of Appeals for the Eighth Circuit · 1913
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