Pluchak v. Crawford, 137 Mich. 509, 100 N. W. 765. Marie Railway, genannt „Soo Line“, war eine amerikanische Eisenbahngesellschaft, deren Streckennetz hauptsächlich die US-Bundesstaaten Wisconsin, Minnesota und North Dakota sowie den nördlichen Teil von Michigan erschloss. Image: ‘Train Painting’ by William Wray. 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. THE MINNEAPOLIS, St. PAUL & SAULT STE. Portions of the charge justify the assertion that there is no conflict. 1925) The scope of the amendment is also to be considered. Miller v. N. P. Ry. Marie Railway Company (M.St.P.&S.S.M.) Circa 1900-1950. * * *, "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. Moreover the reasoning of the court in McClellan v. St. Paul, M. & M. Ry. 726. Anderson v. Minneapolis, St.Paul & Sault Ste. 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. Minneapolis, St. Paul & Sault Ste. 2 Dunnell, Minn. If the question were an open one in this state, it might be conclusive, but a contrary rule has long obtained here. They started west or northwest of plaintiff's land several days prior to October 12. The stage the action has reached is also to be considered. The supreme court of Michigan has referred to it as good law. Opinion of the Court.  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. 1891 The jury were left in doubt as to defendant's responsibility if the Kettle river fire "played an important part of any consolidation of fires between it" and the west and northwest fires. But if the doctrine of the Cook case is applied and one of the fires is of unknown origin, there is no liability. Page 315. Page 151. 139, 108 C. C. A. Marie; Reservations; FAQ; Facilities & Services Contact-- 2021 Season Update --Tickets ONLY for September 18 - October 12, 2021 Peak season are now available. Co. 119  Minn. 181, 137 N. W. 970; Home Ins. Railway Review, Incorporated, 1905 - Railroads. not exculpate the ﬁ rst party, unless he can show that his negligence was not a material element in causing the injury. MARIE RAILWAY COMPANY AND OTHERS. If it was not, defendant is not liable. Federal Reporter, Second Series . Page 717. "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. § 7696. The Railway and Engineering Review. 192 … MARIE RAILWAY COMPANY AND OTHERS. Marie Railway Company. at the best … * * * 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. Defendant was bound to know that the greater the drought the greater danger of the spread of a fire. Co. 94 Minn. 269, 102 N. W. 709, 69 L.R.A. Co. 117 Minn. 434, 136 N. W. 275, Ann. If it was * * * defendant is liable. Anderson v. Minneapolis, St. Paul & Sault Ste. Rep. 13; Marvin v. Ry. If the amendment to a complaint does not introduce an entirely new cause of action, but merely changes the statement of the manner in which the injury was inflicted, it is ordinarily permissible. in Err., v. MICHAEL A. POPPLAR, as Administrator of the Estate of Richard S. Popplar, Deceased. For convenience, we shall refer to the railway company, throughout this opinion, as the defendant. These cases appear to be out of harmony with Krippner v. Biebl, 28 Minn. 139, 9 N. W. 671. MARIE RAILWAY COMPANY, Plff. "The Multiple Fires Case" The evidence received was admissible. Map of the Canadian Pacific Railway, the Minneapolis, St. Paul and Sault Ste. Marie Railway179 N.W. SOO St Paul Sault Ste Marie Railway wreck engine No 2041 OLD … Ct. 435, 63 L. ed. Marie RR, early 1950s, scanned from a pubic timetable, with divisions delineated and color-coded. Contents. Co. 144 Minn. 398, 175 N. W. 687; and Ringquist v. Duluth, M. & N. Ry. Rep. 567; Johnson v. Northwestern Tel. We, therefore, hold that the trial court did not err in refusing to instruct the jury in accordance with the rule laid down in the Cook case. For this reason, there was no error in denying a new trial on this ground. Minneapolis and St. Louis Railway; Minneapolis, Northfield and Southern Railway ; Minneapolis, St. Paul and Sault Ste. The amendment did not introduce an entirely new cause of action. Right v. Breen890 A.2d 1287 (Conn. 2006). Before the jury retired, defendant entered of record a waiver of all costs and disbursements it might tax if it prevailed. Marie Railway Property owner (P) v. Railway (D) Minn. Sup. This means you can view content but cannot create content. These instructions were given on Saturday, December 27. Marie: often with the … English World dictionary 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 … MARIE RAILWAY COMPANY and Railway … 950 2-10-0 : Ashland, WI: Location: Ore Docks: Status: Display: Album: Video: Notes: Links: Anderson v. Minneapolis, st.paul and sault ste. Clayton J. Marie Railway Company. 52 L.Ed. But the misconduct could hardly prejudice defendant after it announced that it waived costs. The Minneapolis, Sault Ste. G. S. 1913, § 4426, leaves no room for the application of a rule which would relieve a railroad company from liability under such circumstances. Marie Railway (Soo Line) October 12, 1886, Montana Central Railroad - Construction October 12, 1886, Nelson, Knute In this respect the case is unlike Guerin v. St. Paul F. & M. Ins. --- Decided: … 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. & Q. Ry. Judge Thompson in his work on Negligence, Vol. 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. The custom has our unqualified approval, not  only as a proper exercise of judicial courtesy, but for the better reason that if one of the parties is represented while the other is not and the latter is the loser, he is almost certain to believe that an unfair advantage of him has been taken and his confidence in the impartial administration of justice is shaken. 178 / 100 L.Ed. If the rule were otherwise, it would be easy for a negligent From an order denying their motions for judgment notwithstanding the verdict or for a new trial, defendants appealed. Towards evening and for a short time it reached a velocity of 76 miles an hour. Ordinarily the earlier an amendment is applied for the more liberally will it be granted. 224 F.2d. The original Eden Valley Soo depot burned June 19, 1913 and this was built later that year as a replacement. 474. We find no error requiring a reversal, and hence the order appealed from is affirmed. See sections 202 and 206 of the later act. SOO St Paul Sault Ste Marie Railway locomotive engine No 735 OLD TRAIN PHOTO. 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. Opinion of the Court. This request was denied. The further contention that, when he is joined with a railroad company as a defendant, section 10 of the Federal Control Act (U. S. Comp. 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. Plaintiff could have recovered without it under his original pleading and proof. 845, 48 L.R.A.(N.S.) 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. Supreme Court of Minnesota. Co. 44 Minn. 20, 46 N. W. 138. Defendant concludes that, by the greater fire referred to, the court meant the Kettle river fire for which defendant may have been responsible. On the following Monday the jury returned a sealed verdict in favor of plaintiff. 45 (Minn. 1920). Bibb v. Atchison, T. & S. F. Ry. Supreme Court of Minnesota. Proper exception was taken to the Sunday instructions to the jury. $6.41 + $3.77 shipping . October 12, 1886, Minneapolis, St. Paul and Sault Ste. Co. 121 Minn. 357, 141 N. W. 491, 45 L.R.A.(N.S.) The thought expressed in the general charge is this: Assume that defendant's engine did set the bog fire, but  that some greater fire swept over it before it reached plaintiff's land, then and in that event defendant is not liable, unless the bog fire was a substantial factor in causing plaintiff's damage. 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. In Farrell v. Minneapolis & R. R. Ry. sister projects: Wikidata item. Ry. Marie (standard gauge) Minnesota & International (standard gauge) Missouri-Kansas-Texas Lines (3 foot, standard gauge) Missouri & North Arkansas (standard gauge) Missouri Pacific Lines (standard gauge) Mobile & Ohio Rail Road (standard gauge) Monongahela Railway (standard gauge) Monon Route (standard gauge) Montana Railway (standard gauge) … 81. Co. was a fire case. Each of the parties then moved for a directed verdict. 21,855. In instructing the jury, the court said in part: "Plaintiff claims that if there was any fire coming from the west or the northwest of the bog fire, that burned over plaintiff's property, that that fire or fires were set by the defendant's engines, and that defendant is responsible for such fires and the result thereof. Anderson v. Minneapolis, St. P. & S. St. M. R.R. Anderson v. Minneapolis, St. Paul & Sault Ste. in Err., v. THOMAS DOUGHTY. 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. 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. 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. September 17, 1920. EOG Resources, Inc. v. Soo Line Railroad Co.No. In 1886, the Minneapolis & Pacific Railway reached Lidgerwood, Dakota Territory. Minneapolis, St. Paul & Sault Ste. This is the old version of the H2O platform and is now read-only. Cas. 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. 2 Dunnell, Minn. 9 No. It was protracted and severe. The answer was a general denial followed by an allegation that, if plaintiff was damaged by fire, the fire was not due to any act of defendant, was of unknown origin, and, by reason of extraordinary weather conditions, became a huge conflagration. 208 U.S. 251. No. Minneapolis St Paul & Sault Ste Marie Railway Company . Defendant introduced evidence to show that on and prior to October 12 fires were burning west and northwest of and were swept by the wind towards plaintiff's premises. Date: Action: Description: Built For: Minneapolis, St. Paul & Sault Ste. If it was, the defendant is liable, otherwise it is not. The depot was moved in 1976 to Roscoe for a short time and then on to Saint … We are of the opinion that the rule does not apply to the facts in this case. Co. 67 Mo. Please select a coach and the amount of tickets you would like to purchase. 2x 1906 & 1907 Railway Letters, Minneapolis, St. Paul & Sault Ste. The consolidated company acquired 737 miles of roadway. 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. Minneapolis, St. Paul & Sault Ste Marie Railway Company v. Doughty by Joseph McKenna Syllabus. Soo Line, the Minneapolis, St. Paul & Sault Ste. You can access the new platform at https://opencasebook.org. Secretary of Agriculture Conferences with . Neither the drought nor the wind would or could have destroyed plaintiff's property without the fire. Affirmed. There was a high wind on October 12. Plaintiff had a verdict. Sault Ste. Will There Ever Be An Online LSAT? The case cited states the familiar rule that, when issues not made by the pleadings are litigated by consent, an amendment should be ordered as a matter of course, and, when not voluntarily litigated, the matter rests in the discretion of the court, and holds that the court did not abuse its discretion in refusing to allow an amendment which introduced as a substantive ground of recovery acts of negligence not originally pleaded but brought out in the evidence. Michael C. McCarthy and Jesse D. Mondry, 3300 Wells Fargo Center, 90 South 7th Street, Minneapolis, Minn. 55402, for amicus curiae Soo Line Railroad Company, d/b/a Canadian Pacific Railway, successor in interest to Minneapolis, St. Paul & Sault Ste Marie Railway Company. Construction began in April, 1913, and on November 12, 1913, the first train came through Rosholt. 509, 110 Am. This means you can view content but cannot create content. Help Support This Site: Please Donate Your Old Notes and Outlines! MARIE RAILWAY COMPANY, Appellant. were consolidated into one single corporation, the Minneapolis, St. Paul & Sault Ste. Exch. They are also of doubtful application in view of our statute (G. S. 1913, § 4426), which creates liability irrespective of weather conditions, virtually makes railroad companies insurers against damage caused by fires set by their engines, Babcock v. Canadian Northern Ry. Walter Mason Camp. For the purposes of the case we will assume that there was sufficient evidence to warrant the jury in so finding. That subject had not been covered in the general charge. By cross-examination of defendant's witnesses and by his rebuttal evidence, plaintiff made a showing which would have justified the jury in finding that the fires proved by defendant were started by its locomotive on or near its right of way in the vicinity of Kettle river. Powered by, Check out our other site: www.FacebookDetox.org. * * *. Co. 143 Minn. 74, 172 N. W. 918, 4 L.R.A. No. These cases are derived from class notes and laws change over time. 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. The reply put these allegations in issue. 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. Trustees v. Chicago, M. & St. P. Ry. 1915C, 1214. 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. 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. Loading... Unsubscribe from Minnesota Gravel Road.? Please keep in mind that this site makes no warranties as to the accuracy of the cases listed here or the current status of law. Selected pages. Find many great new & used options and get the best deals for Annual Report Minneapolis St. Pau & Sault Ste. sister projects: Wikidata item. Marie Railway Co. (1920) US Tort Law. Minnesota Gravel Road. St. 830. Marie railway (1920), © 2010 - 2020 lawschoolcasebriefs.net. Cas. 1947) Negligence: The Scope Of Risk Or 'Proximate Cause' Requirement Defenses Carriers, Host-Drivers And Landowners Duties Of Medical And Other Professionals Governmental Entities And Officers Contract … 700, Ann. Marie Railway Co. Supreme Court of Minnesota, 1920 146 Minn. 430, 179 N.W. MINNEAPOLIS, ST. PAUL, & SAULT STE. 1, § 739, says that the conclusion reached is so clearly wrong as not to deserve discussion. 21,855. Thank you. The court answered that it would be liable. 450; Campbell v. City of Stillwater, 32 Minn. 308, 20 N. W. 320, 50 Am. * * *, "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. Advertisement. Marie Railway ("Soo Line") was used on the railroad. The variance between the original pleading and the proof in such a case ought to be disregarded because it cannot mislead. A warning sign from “Minneapolis, St. Paul & Sault Ste. 1. Law school and the internet have not been that good of friends. That consideration was not present here. 291. Numerous special instructions were requested. The cause of action remained the same — the wrongful destruction of plaintiff's property by a fire or fires started by defendant. 791 / 9-26-1955 Northern Fur Company, Incorporated, and Insurance Company of North America, Petitioners, v. Thank you. Oct 8, 2017 - Former Minneapolis, St. Paul & Sault Ste. 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 … Interested in. 45 (1920). Jacob Anderson v. Minneapolis, St. Paul & Sault Ste. 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