Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-05-16
FOR ROADS
Supreme Court Make, important
Decision Relative to Firesson
Right Of Way.
Company Not Responsible Where
Property is Destroyed BY the
Burning Of Grass.
Des Hoines Temperance Workers
Take a New Tack to Keep So.
looms Clostd

q Des MoineS; May 16-The sunreme
court, in an opinion filed Tuesday holds
that burning grass and weeds from a
right of way is not part of the opera
ton of a railroad" within the meaning
of the statute. such work, says the
court SIS undoubtedly necessary in the
business of operating railroad, but
not in any way connected Herewith"
Therefore the court concludes and
holds that in damage cases for the
spreading of these fires to adjacent
fields recovery can only be had from
the railroad on an affirmative showing
of negligence. Section 1883 of the code
|Iwouldsnot govern and the railroads can
mot be required to show the exercise of
care on the part of the employees. for
1.-The court holds. as stated. that the fire
on the right of way is not "sct out or
Icaused by operating the railroad,
when 1t Is set for the purpose of burn
ling weeds and grass and is not caused
by the movement of trains Justice
4 I.add wrote the opinion and there was
4 no dissent.
Never heretofore have damage cases
been decided in which the application
8of the statute has gone beyond n fire
| sct out or caused by an engine On the
track. The court holds that railway
! is constructed for the sole purposesSof
| the movement of trains. A railway
4 cannot be operated in any other way
THAN by the movement OF trains In no
4 other proper sense Is a railroad used
or operated This has been held in
4 personal damage cases brought by em-
#lsployes, but has never been applied e
Il leases in which damages We're claimed
q from fire originated except by the OPP
n Grated engine.
!. The court now goes to the extent Of
= holding that an emplpye who Keeps
railroad track in repair for the opera
Elton of the trains, while he may be eN-
J, Iposed to the hazard, is not engaged u
4 1.-The business OF operating railroad
The court says "a railroad is only opcr
, lated withinsthe meaning OF the law b,
II knowing trains. cars. engines or rnaehin
ery on the track The same definition
his peculiarly applicable to the claus
a s.operating any such railroad con
ltained in the statute relating to fires
Z TO obyiate the almost insurmountabl
difficulty of injured parties adducin'
affirmative proof of the company,
negligence I'm case of fire set by pass
ing engines) this statute was enacted iItte
!, III is limited TO the operation" Of tn
: RAILROAD; otherwise it might be elias
: legislation.
THE evidence is quite as available !
the case of a fire set out by the sectio
men on the right of way as When set b
a neighboring farmer. or other person
3 The court erred In directing the Jur
: that II the damages We're caused
J, fire set out by defendants section me
! in the right OF way the plaintiffs ha
!, made IA prima facie case and the bun
b den was on the railroad to show y
freedom from negligence.
The case was that Of John Common
Iagainst the Northwestern and was al
i A pealed from Judge +. II. Helsell
court in Kossuths county.