Corvallis & E. R. v. United States

Citations

• 191 F. 310
• 112 C.C.A. 54
• 1911 U.S. App. LEXIS 4944

Syllabus

<p>1. Railroads (§ 481*) — Fires—Evidence.</p> <p>In an action by the United States against a railroad company to recover for loss of timber alleged to have been burned through defendant’s negligence in permitting inflammable material to accumulate on its right of way, in which fire was started from an engine and spread into the timber on a forest reservation, a letter written by a forest inspector to • the secretary of defendant some time before the fire, inclosing a report from a ranger as to the dangerous condition of the right of way, and asking that it be remedied, was not inadmissible as a self-serving declaration, but was properly admitted to show actual notice to defendant of the condition referred to therein; the fact being otherwise proved.</p> <p>[Ed. Note. — For other cases, see Railroads, Dec. Dig. § 481.*]</p> <p>2. Railroads (§ 481*) — Fires—Actions—Evidence—Condition on Machinery.</p> <p>On an issue as to the condition of a locomotive alleged to have caused a 'fire on defendant’s right of way because of its defective condition which permitted the escape of fire and sparks, the admission in evidence of the testimony of the fireman of defendant’s machine shop as to the condition of the engine both before the fire and after its return from the trip on which the fire occurred, the purpose being to show its condition before and at the time of the fire, was not prejudicial error.</p> <p>[Ed. Note. — For other cases, see Railroads, Dec. Dig. § 481.*</p> <p>Liability of railroads for injuries by fire as affected by management of locomotives, see note to Woodward v. Chicago, M. & St. P. Ry. Co., 75 C. C. A. 598.]</p> <p>3. Damages (§ 217*) — Fires—Instructions—Measure of Damages.</p> <p>Instructions as to the measure *of damages, in an action by the United States to recover for loss of timber from a forest reservation by fire set by a locomotive on defendant’s railroad, considered, and held without prejudicial error.</p> <p>[Ed. Note. — For other cases, see D