Lares v. Chicago, Burlington & Quincy Railroad Company
| Decision Date | 21 November 1919 |
| Docket Number | 21,443 |
| Citation | 174 N.W. 834,144 Minn. 170 |
| Parties | ROYAL LARES v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY AND ANOTHER |
| Court | Minnesota Supreme Court |
Action in the district court for Washington county to recover $9,250 for the loss of plaintiff's house by fire from one of defendant's locomotives. The case was tried before Searles, J., who at the close of the evidence granted defendant's motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed. Affirmed.
Railway -- fire caused by negligence -- uncertainty as to cause -- verdict.
1. Where the evidence as to the origin of a fire alleged to have been negligently started points with substantially the same force to two or more independent sources, a jury should not be permitted to speculate as to which was in fact responsible.
Railway -- no question for jury.
2. The evidence is held insufficient to require a submission of the question to the jury in this case.
H. A Loughran and Reuben G. Thoreen, for appellant.
Barrows Stewart & Metcalf, for respondent.
This action was brought to recover damages for the destruction of plaintiff's dwelling house by a fire alleged to have been negligently started by defendant railroad company and its engineer. A verdict was directed for defendant on the trial, and plaintiff appealed from an order denying a new trial.
The facts, which are not in substantial dispute, are as follows: The line of defendant's railroad extends from the city of St. Paul in approximately a southerly direction to and beyond the village of St. Paul Park, in Washington county, this state. In addition to its through trains to Chicago and other points, the company operates a local train, referred to in the record as the Burlington Motor, from suburban points to the city of St. Paul, carrying laborers and others whose daily occupations require their presence in the city. The Chicago, Milwaukee & St. Paul Railroad Company also operates its passenger trains into St. Paul, over this line of road from a short distance south of the point here in question. Plaintiff's residence, which was destroyed by fire on the early morning of January 25, 1918, was on the west side of the right of way and some 50 feet from the railroad track. It was occupied by plaintiff with his wife and three children. Plaintiff was a contractor and his place of business was in the city of St. Paul, making daily trips thereto on the Burlington Motor. On the morning of the date above given he arose early, starting a fire in the kitchen stove and also in a heater in another room. He made his own breakfast, and then set the stoves in order and left the house to catch the motor train which left Pullman station at about 7:30 o'clock. His wife and children were then asleep. The train passed the house and he noticed nothing unusual nor anything to indicate that a fire was within or about the same. Less than ten minutes later the house was discovered on fire by neighbors, and it had gained such headway when they reached the scene soon thereafter that entrance into the building was prevented by fire and smoke. The wife and children were consumed.
It further appears that the building was a frame structure, but covered...
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