Leroy Fibre Co. v. Chicago, Milwaukee & St. Paul Ry.

232 U.S. 340 (1914)

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Nature of the Case

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Facts

LeRoy Fibre Co. (P) owned property that he used to store straw to make flax. Chicago, Milwaukee & St. Paul Ry.'s (D) railroad track went through this property. Seven hundred tons of P's straw was stacked between 70 and 80 feet from the track when sparks from D's train caused the stacks to ignite. This destroyed all the hay. P sued to recover damages from D's negligence. The jury found that D had negligently operated its locomotive by allowing it to emit sparks and that this negligence caused P's harm. Consistent with the jury instructions, the jury also found P contributorily negligent by placing the stacks within 100 ft. of the railway. P appealed, claiming that the issue of contributory negligence should have never reached the jury.