anderson v minneapolis st paul sault ste marie railway
December 22, 2020
* * *. Co. 76 Minn. 163, 78 N. W. 974. We are of the opinion that the rule does not apply to the facts in this case. not exculpate the ﬁ rst party, unless he can show that his negligence was not a material element in causing the injury. Co. 121 Minn. 357, 141 N. W. 491, 45 L.R.A.(N.S.) One of defendant's was that plaintiff had predicated his cause of action upon the bog fire; that, if he failed to establish that cause of action, he could not recover, even though the jury should find that other fires referred to in the evidence were started by defendant's locomotives and contributed to the burning of his property. We find no error requiring a reversal, and hence the order appealed from is affirmed. Marie Railway. 81. Subsequently plaintiff asked and was allowed to amend his complaint by alleging in substance that the Kettle river fire or fires and the bog fire destroyed his property. 251. Before the jury retired, defendant entered of record a waiver of all costs and disbursements it might tax if it prevailed. The provisions of the so-called Transportation Act of February 28, 1920, indicate pretty clearly that Congress did not intend, by section 10 of the Control Act, to limit the right to sue the director general to such causes of action as arise from his operation of the railroads as common carriers. $6.41 + $3.77 shipping . An exception was promptly taken. Cas. You can access the new platform at https://opencasebook.org. The case was tried before Dancer, J., who at the close of the evidence denied defendants' separate motions for directed verdicts and plaintiff's motion for a directed verdict on the question of liability, and a jury which returned a verdict for $2,162.83. We are satisfied that there was no abuse of discretion in granting the application to amend the complaint to make it conform to proof properly received to meet the defense. Marie (Soo Line) depot at Eden Valley, Minnesota. Ry. During the afternoon of the following Sunday the jury returned into court and asked whether the defendant would be liable if they should find that one of defendant's engines set a fire west of Kettle river and that on October 12 this fire was of sufficient magnitude to play an important part in any consolidation of fires that may have occurred between it and other fires coming from the west and northwest, and the consolidated fires passed  over plaintiff's land and did the damage. Dodge, Hugh J. McClearn, and Devaney & McGrath, for respondent. Co. was a fire case. MARIE RAILWAY COMPANY, Plff. 224 F2d 181 Northern Fur Company v. Minneapolis St Paul & Sault Ste Marie Railway Company . But if it decides that if such fire combines with another of no responsible origin, and after the union of the two fires they destroy the property, and either fire independently of the other would have destroyed it, then, irrespective of whether the first fire was or was not a material factor in the destruction of the property, there is no liability, we are not prepared to adopt the doctrine as the law of this state. If the Cook case merely decides that one who negligently sets a fire is not liable if another's property is damaged, unless it is made to appear that the fire was a material element in the destruction of the property, there can be no question about the soundness of the decision. Walter Mason Camp. The reply put these allegations in issue. Co. 117 Minn. 434, 136 N. W. 275, Ann. In making his motion, plaintiff's counsel stated that it was his position that there was no evidence tending to show that any other fire than the bog fire, or fires set by defendant in the vicinity of Kettle river, destroyed plaintiff's property. Page 717. Cas. What about an online Bar Exam. Rep. 13; Marvin v. Ry. * * *, "If you find that bog fire was set by the defendant's engine and that some greater fire swept over it before it reached the plaintiff's land, then it will be for you to determine whether that bog fire * * * was a material or substantial factor in causing plaintiff's damage. Soo Line Railroad Company 1961; Soo Line Railroad Company + Milwaukee Road 1986; Soo Line Railroad Company 1987 (after the WC sale) Soo Line Railroad Company 1992 (at the end) Canadian Pacific Railway 1999; Canadian Pacific Railway-2006 … If the bog fire was set by one of the defendant's engines, and if one of defendant's engines also set a fire or fires west of Kettle river, and those fires combined and burned over plaintiff's property, then the defendant is liable.". The evidence showed that a fire, when sufficiently extensive, will create air currents as the heated air rises and cooler air rushes in to take its place. The result was one which might reasonably be anticipated as a natural consequence of setting a fire and permitting it to burn for days in a country abnormally dry. Co. 67 Mo. The Minneapolis, St. Paul and Sault Ste. 1925) Minneapolis, St. Paul & Sault Ste. Selected pages. 45 (1920). SOO St Paul Sault Ste Marie Railway locomotive engine No 735 OLD TRAIN PHOTO. Anderson v. Minneapolis, St. Paul & Sault Ste. Anderson v. Minneapolis, St.Paul & Sault Ste. Anderson v. Minneapolis, St. Paul & Sault Ste. Minneapolis, St. Paul & Sault Ste. If it was * * * defendant is liable. The operation of  this natural law tends to increase the violence of any wind that may be blowing in a region of fires. 726. That consideration was not present here. Right v. Breen890 A.2d 1287 (Conn. 2006). 21. 192 … See sections 202 and 206 of the later act. Co. 143 Minn. 74, 172 N. W. 918, 4 L.R.A. 1: ailroad . Marie Railway Property owner (P) v. Railway (D) Minn. Sup. Defendant was bound to know that the greater the drought the greater danger of the spread of a fire. Other portions seem to justify the contrary assertion. 845, 48 L.R.A.(N.S.) Co. 135 Minn. 363, 160 N. W. 1028; Sherm. 17. The complaint alleged, that early in August, 1918, sparks from one of defendant's locomotive engines set a fire on or near the right of way, and that this fire spread until it finally reached plaintiff's land, where it destroyed some of his property. September 17, 1920. Help Support This Site: Please Donate Your Old Notes and Outlines! In Farrell v. Minneapolis & R. R. Ry. Even if the law had theretofore been otherwise stated, it has been held that it is permissible for a judge to change his mind during the trial of a case. Defendant contends that it made a showing from which the jury might have found that fires of unknown origin, coming from the west and northwest, destroyed plaintiff's property independently of the bog fire. We are of the opinion that the law was correctly stated in the Sunday instructions, assuming that by pleadings or voluntary litigation of the issue to which it was directed, the question was in the case. With equal force it may be said that the court meant the great fires from the west, for which defendant may not have been responsible.  Action transferred to the district court for St. Louis county to recover $2,016.50 for destruction of plaintiff's property by fire started from defendant's engines. To meet an issue tendered by the answer and supported by defendant's proof, plaintiff was properly allowed to offer evidence tending to show that these fires were set by defendant's engines. The appeal is from an order denying a motion in the alternative for judgment notwithstanding the verdict or for a new trial. Maire Railway Company and Others. Soo — [so͞o] [alteration of Sault] region in N Mich. & S Ontario, Canada, at the St. Marys Falls Canals, including the city of Sault Ste. 506; Hightower v. Ry. * * *, "If plaintiff's property was damaged by fire originally set by one of defendant's locomotives, then defendant became liable for such damage and was not released from such liability by anything that happened thereafter. Defendant concludes that, by the greater fire referred to, the court meant the Kettle river fire for which defendant may have been responsible. Proper exception was taken to the Sunday instructions to the jury. 208 U.S. 251. Law school and the internet have not been that good of friends. 1. Home. Thank you. Marie & Atlantic Ry., the Minneapolis & Pacific Ry., the Minneapolis & St. Croix Ry.,and the Aberdeen, Bismarck & North Western Ry. Citing Gracz v. Anderson, 104 Minn. 476, 116 N. W. 1116, it takes the position that, while the evidence may have been admissible to overcome its defense, it was not admissible to establish a substantive ground of recovery, because the complaint makes no reference to these fires. The facts are stated in the opinion. St. 361, 3 Ann. Ct. 435, 63 L. ed. Although the court is not obliged to notify counsel when the jury returns for further instructions, we believe it has been the custom of district judges to send notice to counsel before such instructions are given, unless the trial would be unreasonably delayed if this were done. If this should happen, all tickets will be refunded 100%. Marie Railway Case Brief - Rule of Law: In cases where multiple causes concur to bring about an injury and it is The precise situation covered by the Sunday instructions may not have been in the mind of the court when the charge was given. "The Multiple Fires Case" The Railway and Engineering Review. Co. 145 Minn. 147, 176 N. W. 344. & Red., Negligence, § 39; 22 R. C. L. 131. Marie RR No. It was protracted and severe. in Err., v. MICHAEL A. POPPLAR, as Administrator of the Estate of Richard S. Popplar, Deceased. Cancel Unsubscribe. The consolidated company acquired 737 miles of roadway. 178 / 100 L.Ed. 2 Dunnell, Minn. It added to and changed the statement of the time and place of origin of the fire which was first alleged to have inflicted the injury. 1913D, 924, and entirely eliminates the question of negligence. Page 431. 853, is authority in defendant's favor upon this point. In the foregoing discussion we have assumed, although it is doubtful, that the evidence was such that a foundation was laid for the application of the rule if it was otherwise applicable. v. MINNEAPOLIS, ST. PAUL & SAULT STE. The depot was moved in 1976 to Roscoe for a short time and then on to Saint … Plaintiff had a verdict. But the misconduct could hardly prejudice defendant after it announced that it waived costs. Clayton J. 28 S.Ct. 215, this court considered the Cook case, but refrained from expressing approval or disapproval of its doctrine. Bibb v. Atchison, T. & S. F. Ry. An important consideration is the probability of the opposite party having been misled and so deprived of an opportunity to meet the newly pleaded matter with evidence. Jacob Anderson v. Minneapolis, St. Paul & Sault Ste. $19.83. "If the plaintiff was burned out by some fire other than the bog fire, which other fire was not set by one of the defendant's engines, then, of course, the defendant is not liable. Marie Railway Co.” intended to be applied to railroad car doors equipped with charcoal heaters: “WARNING / Poisonous Fumes / HEATED CAR” and additional text printed in red and black ink on yellowish white. The evidence received was admissible. Supreme Court of Minnesota. Both motions were denied. Each of the parties then moved for a directed verdict. Secretary of Agriculture Conferences with . Co. 48 Minn. 433, 51 N. W. 225; McDowell v. Village of Preston, 104 Minn. 263, 116 N. W. 470, 18 L.R.A.(N.S.) The following proposition is stated in defendant's brief and relied on for a reversal: "If plaintiff's property was damaged by a number of fires combining, one * * * being the fire pleaded * * * the others being of no responsible origin, but of such sufficient or such superior force that they would have produced the damage to plaintiff's property regardless of the fire pleaded, then defendant was not liable.". 791 / 9-26-1955 Northern Fur Company, Incorporated, and Insurance Company of North America, Petitioners, v. But if the doctrine of the Cook case is applied and one of the fires is of unknown origin, there is no liability. Minneapolis St Paul & Sault Ste Marie Railway Company . There was a high wind on October 12. Defendant requested the court to instruct that the extraordinary and unusual wind and weather conditions on October 12, 1918, were such an efficient and independent cause of plaintiff's damage as to relieve defendant from liability.  Another consideration is the manner in which evidence, to which an amendment relates, came into the case. Co. 141 Minn. 503, 170 N. W. 505. * * *, "If you find from the evidence * * * that the property of the plaintiff was injured or destroyed by fire communicated directly or indirectly  by (defendant's) locomotive engines * * * your deliberations, so far as the question of liability of the defendant is concerned, are at an end, and the next question for you to consider is the amount of plaintiff's damages. Hence, if it can be said that an extraordinary wind coupled with an unusual drought were proximate causes of the injury, still the fire was a material concurring cause, without which there would have been no damage to plaintiff, and defendant is liable under the established rules of law. Exch. This is the old version of the H2O platform and is now read-only. $24.79 + $3.79 shipping . Page 151. John L. Erdall, H. B. Fryberger, W. A. Hayes and H. B. Dike, for appellants. Marie Railway Company (M.St.P.&S.S.M.) Rep. 567; Johnson v. Northwestern Tel. This means you can view content but cannot create content. MARIE RAILWAY COMPANY and Railway … Numerous special instructions were requested. Pluchak v. Crawford, 137 Mich. 509, 100 N. W. 765. Minnesota Gravel Road. In addressing the jury, one of plaintiff's counsel said that, if there was a verdict for defendant, the bill of costs will be so exorbitant it will ruin plaintiff. 52 L.Ed. Marie RR, early 1950s, scanned from a pubic timetable, with divisions delineated and color-coded. These cases appear to be out of harmony with Krippner v. Biebl, 28 Minn. 139, 9 N. W. 671. G. S. 1913, § 7784; Reed v. Great Northern Ry. Co. v. Chicago, St. P. M. & O. Ry. Co. 58 Minn. 104, 59 N. W. 978, leads to the conclusion that, regardless of the statute, there would be liability in such a case. St. 830. Dig. The original Eden Valley Soo depot burned June 19, 1913 and this was built later that year as a replacement. Defendant had an opportunity to offer evidence of how the Kettle river fires originated and what became of them, but deliberately decided not to go into the subject. No. Adams v. Castle, 64 Minn. 505, 67 N. W. 637. The field to be covered by the evidence was enlarged, but it was defendant's pleading and proof that made it necessary to enlarge it. In 1888, the Minneapolis & Pacific Railway and three other affiliated lines were consolidated into one single corporation, the Minneapolis, St. Paul & Sault Ste. Soo Line, the Minneapolis, St. Paul & Sault Ste. United States Supreme Court. 291. Thank you. Railway Review, Incorporated, 1905 - Railroads. Fent v. Ry. St. 1918, § 3115¾j) does not authorize an action against him, because it is in effect a suit against the United States authorized by the act only to enforce common-carrier liabilities, cannot be sustained. Strong winds are not uncommon in Minnesota. 45 (Minn. 1920). Minneapolis, St. Paul & Sault Ste Marie Railway Company v. Doughty Argued: December 17, 1907. Co. 144 Minn. 398, 175 N. W. 687; and Ringquist v. Duluth, M. & N. Ry. Co. supra, page 240, 178 N. W. 608; Chicago & N. W. Ry. If it was brought out by the party opposing the amendment, or in response to an issue he introduced by his pleadings or proof, there should be greater freedom in allowing the amendment. If a fire set by the engine of one railroad company unites with a fire set by the engine of another company, there is joint and several liability, even though either fire  would have destroyed plaintiff's property. § 7709. 561; 1898: PROCEDURAL HISTORY: Trial court: Appeal court (for appeal cases only): Plaintiff: Cook: Appellant: Mn railway: Defendant: Mn railway: Respondent: Cook: Facts of the case: As to the origin of the fire which … "If you find that other fire or fires not set by one of the defendant's engines mingled with one that was set by one of the defendant's engines, there may be difficulty in determining whether you should find that the fire set by the engine was a material or substantial element in causing plaintiff's damage. 224 F.2d. United States v. Carroll Towing Co.159 F2d 169 (2d Cir. Co. supra; Northwestern C. M. Co. v. Chicago, B. The variance between the original pleading and the proof in such a case ought to be disregarded because it cannot mislead. We haven't found any reviews in the usual places. None of defendant's counsel were present when the Sunday proceedings took place. On the following Monday the jury returned a sealed verdict in favor of plaintiff. * * * If the plaintiff was burned out by fire set by one of defendant's engines in combination with some other fire not set by any of its engines," then it is liable. Opinion of the Court. 139, 108 C. C. A. Interested in. Please select a coach and the amount of tickets you would like to purchase. Co. 24 Idaho, 567, 135 Pac. Defendant does not seriously contend that such evidence was not admissible. Preview this book » What people are saying - Write a review. The scope of the amendment is also to be considered. 474. Portions of the charge justify the assertion that there is no conflict. G. S. 1913, § 4426, leaves no room for the application of a rule which would relieve a railroad company from liability under such circumstances. If the question were an open one in this state, it might be conclusive, but a contrary rule has long obtained here. The court answered that it would be liable. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at email@example.com. 2x 1906 & 1907 Railway Letters, Minneapolis, St. Paul & Sault Ste. After plaintiff's evidence in rebuttal had been put in, the jury were excused to enable defendant's counsel to confer, who later announced they had decided to rest without offering additional evidence. § 7696. Neither the drought nor the wind would or could have destroyed plaintiff's property without the fire. Minneapolis, St. Paul & Sault Ste. Judge Thompson in his work on Negligence, Vol. Marie Railway Co. #1003 [09/1944] Corp. Sale: Minneapolis, St. Paul & Sault Ste. October 12, 1886, Minneapolis, St. Paul and Sault Ste. For this reason, there was no error in denying a new trial on this ground. Co. The court was justified in refusing to give the requested instruction for another reason. Marie railway (1920) 146 Minn. 430 Procedural History • Defendants appealed a judgment of the District Court of St. Louis County (Minnesota) after a jury found them liable for damages caused by sparks coming from a locomotive engine that set a fire that spread until it reached plaintiff’s land, where it destroyed some of his property. Fillippon v. Albion Vein Slate Co. 250 U. S. 76, 39 Sup. Jump to navigation Jump to search. 21,855. For convenience, we shall refer to the railway company, throughout this opinion, as the defendant. Marie Railway (Soo Line) October 12, 1886, Montana Central Railroad - Construction October 12, 1886, Nelson, Knute MARIE RAILWAY COMPANY AND OTHERS. Miller v. N. P. Ry. 700, Ann. --- Decided: … Marie Railway Company. Because it can not mislead 4 L.R.A for appellants wind would or have! Charge was given A. 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Railway ( 1920 ), bis 1944: Minneapolis, St. &... & S. S. M. Ry rule were otherwise, it might be conclusive but! Fires is of unknown origin, there was no error in denying a new trial, defendants.... Get the TOP grades in your Law school and the Sunday instructions to the jury,! Of Railroads is termed an act of God, does not apply the... Referred to it as good Law & M. Ins in Northern Minnesota throughout the and. This book » What people are saying - Write a Review been burning a long time convenience. A student without a textbook Archive BookReader Mellon v. Minneapolis, Northfield and Southern Railway ; Minneapolis, Paul... 350 U.S. 900 / 76 S.Ct to October 12, 1913 at Hall... Concurring cause was What is termed an act of God, does not alter the does... … Internet Archive BookReader Mellon v. Minneapolis, St. Paul and Sault Ste Eden Valley Soo depot June... Cases are derived from class notes and Outlines without it under his original pleading and proof Association is.... 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