Torts Keyed to Dobbs
Anderson v. Minneapolis, St. Paul & Sault Ste. Marie Railway
Plaintiff’s property was burned by a fire in October 1918. Plaintiff alleged that his property was damaged because Defendant’s engine caught fire in August, smoldered until October, then swept east and reached the Plaintiff’s property. The Defendant offered proof that there were other fires sweeping east toward Plaintiff’s property that originated from other causes. The trial judge instructed the jury that if it found that Defendant’s fire was a “material or substantial element in causing plaintiff’s damage” then the Defendant is liable. So charged, the jury found for the Plaintiff, Defendant appealed and the higher court affirmed.
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