Criminal Law Keyed to Dressler
Kingston v. Chicago & N.W. Ry
Facts
Sparks emitted from Defendant’s locomotive set a northeast fire. A northwest fire was set by an unknown origin. Both fires constituted a proximate cause of the destruction of Plaintiff’s property. Both fires are well supported by the evidence. The two fires united 940 feet from Plaintiff’s property and bore down upon it and destroyed it. Thus there were are two separate, independent, and distinct fires, each of which constituted the proximate cause of Plaintiff’s damage and either of which, in the absence of the other, would have destroyed Plaintiff’s property. Plaintiff sued Defendant for negligence. Judgment for Plaintiff.
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