204 N.W. 928 | Minn. | 1925
Lead Opinion
Whether a verdict can be sustained is usually determined by the evidence tending to support it. Anderson v. City of St. Cloud,
The facts are these: Plaintiffs lived in a cottage at Lake Minnetonka. The cottage was 55 feet north of the railway tracks of defendant, and near a platform where defendant stopped its train to take on and off passengers. Westerly from the platform there was an up-grade and a curve in the railway track near where the cottage was located. The grade and curve caused the locomotive to pull harder. There were no trees between the cottage and tracks. The fire occurred July 21, 1921, in a very dry time — it had been dry all summer. The cottage was a summer structure and in all the rooms but the kitchen had cotton cloth nailed upon the studding and rafters. This was also on the ceiling in the kitchen. This material burned rapidly. One of defendant's local passenger trains with 6 coaches stopped at the platform at about 7 o'clock p.m. for ten seconds and then passed on to the west. Quite a strong wind was blowing northward from the tracks toward the cottage. The roof on the Hill cottage, 75 feet north of the cottage which burned, caught fire from sparks which blew from the burning cottage. About 30 minutes after the train passed, a fire was discovered in the southwest corner of the roof where there were smoke and a blaze. Persons nearby who ran into the cottage found fire on the inside at the same location and the cottage and its contents were soon consumed. The fire first made a hole in the roof at the southwest corner. There was no other fire in the cottage except a lamp which was burning in a room other than where the fire was discovered. After the fire was discovered the lamp was in its normal condition *215 and undisturbed. It had been lit shortly before the fire was discovered. The match used had been put in a pail of water. There was an oil stove in the cottage, but it had not been used since breakfast time.
Do these facts and circumstances justify a jury in saying that defendant's train was the origin of this fire? Where the entire record shows that there are different fires, any one of which may have caused the loss, plaintiff has not met the burden which the law places upon him. Minneapolis S. D. Co. v. G.N. Ry. Co.
Reversed.
Dissenting Opinion
We concur in the opinion of the learned trial judge that the verdict rests solely on conjecture and therefore should not be permitted to stand. Circumstances forbid extended discussion. The case in this jurisdiction most clearly in point is that of Trustees v. C.M. St. P. Ry. Co.