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

Supreme Court of the United States · 1914 · Torts

TortsNegligenceContributory NegligencePropertycontributory negligencerailroad sparksproperty rightslawful use of land

Facts

The certified questions assumed two facts: the railroad's negligence was the immediate cause of the destruction of the property, and the property had been placed by its owner near the railroad's right of way but on the owner's own land. The owner's use of its land was itself proper and did not interfere with or embarrass the rightful operation of the railroad. The property destroyed was described as inflammable, and the engine emitted large quantities of sparks and live cinders. The legal dispute was whether the owner's placement of the property near the railroad could be treated as negligence by the owner.

Issue

When a railroad's negligence is the immediate cause of a fire that destroys property, may the owner's act of placing that property near the railroad right of way on the owner's own land be treated as evidence of contributory negligence for the jury? More broadly, is a person's lawful use of property limited by the risk of another's wrongful railroad operation?

Rule

An owner is not limited in the lawful use of his property by its proximity to a railroad so as to require him to guard against the railroad's negligent or wrongful operation. Property near a railroad is subject only to the risks that come from the careful operation of the road or unavoidable accident, not to risks created by the railroad's negligence; therefore, contributory negligence is out of place when the owner's lawful use of his own land does not interfere with railroad operations and the railroad's negligence is the immediate cause of the loss.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nora Kim stored bundled reeds for her basket business on her own lot in Spokane, Washington, about 80 feet from the boundary of a rail line operated by Cascade Prairie Railways. The storage arrangement was lawful and did not interfere with train operations, but sparks from a negligently operated locomotive immediately ignited the reeds and destroyed them.

If Nora sues the railroad for negligence, may the railroad rely on the mere fact that she stored inflammable materials near the tracks on her own land as evidence of contributory negligence for the jury?

Explanation. The majority rule is that when the owner's use of land is proper, remains on the owner's own land, and does not interfere with the railroad's rightful operation, the mere proximity of property to the tracks is not evidence of contributory negligence if the railroad's negligence is the immediate cause of destruction. The law does not require an owner to use property so it will not be injured by another's wrong. (Derived from Leroy Fibre Co. v. Chicago, Milwaukee & St. Paul Railway Co. (n.d.).)