Torts Keyed to Dobbs
Leroy Fibre Company v. Chicago, Milwaukee & St. Paul Railway
Plaintiff owned land adjacent to Defendant’s railroad. In connection with Plaintiff’s business, he stacked flax on the property. He brought an action against the railroad, alleging that Defendant’s negligence caused sparks and colas emitted from the railway to ignite the flax and it was destroyed. The closest of the stacks was seventy-five feet from the railway. Defendant argued contributory negligence, claiming Plaintiff had stacked the flax too close to the railway.
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