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

232 U.S. 340, 34 S. Ct. 415, 58 L. Ed. 631, 1914 U.S. LEXIS 1362

• Court: Supreme Court of the United States
• Decided: February 24, 1914
• Docket: 175
• Status: Published

Opinions

Mr. Justice McKenna,

after making the foregoing statement, delivered the opinion of the court.

The .questions certified present two facts — (1) The negligence of the railroad was the immediate cause of the destruction of the property. (2) The property was placed by its owner near the right of way of the railroad, but on the'owner’s own land.

The query is made in the first two questions whether the latter fact constituted evidence of negligence of the owner to be submitted to the jury. It will be observed, the use of the land was of itself a proper use — it did not interfere with nor embarrass the rightful operation of the railroad. It is manifest, therefore, the questions certified, including the third question, are but phases of the broader one, whether one is limited in the use of one’s property by its proximity to a railroad; or, to limit the proposition to the case under review, whether one is subject in its use to the careless as well as to the careful operation of the road. We might not doubt that an immediaté answer in the negative should be given if it were not for the hesitation of the Circuit Court of Appeals evinced by its questions, and the decisions of some courts in the affirmative. That one’s uses of his property may be subject to the servitude of the wrongful use by another of his property seems an anomaly. It upsets the presumptions of law and take? from him the assumption and the freedom which comes from the assumption, that the other will obey the law, not violate it. It casts upon him the duty of not only using his own property so as not to injure another, but so to use his own property that it may not be injured by the wrongs of another. How far can this subjection be carried? Or, confining the question to railroads, what limits shall be put upon their immunity from the result of their wrongful" operation? In the case at bar, the property destroyed is described as inflammable, but there are degrees of that quality; and how wrongful must be the operation? In this case, large quantities of sparks and “live cinders” were emitted from the passing engine. Houses may be said to be inflammable, and may be, as they have been, set on fire by sparks and cinders from defective or carelessly handled locomotives. Are they to be subject as well as stacks of flax straw, to such lawless operation? And is the use of farms also, the cultivation of which the building of the railroad has preceded? Or is that a use which the railroad must have anticipated and to which it hence owes a duty, which it does not owe to other uses? And why? The question is especially pertinent and immediately shows that the rights of one man in the use of his property cannot be limited by the wrongs of, another. The doctrine-of contributory negligence is entirely out of place. Depart from the simple requirement of the law, that every one must use his property so as not to injure others, and you pass to refinements and confusing considerations. There is no embarrassment in the principle even to the operation of a railroad. Such operation is a legitimate use of property; other property in its vicinity may suffer inconveniences and be subject to risks by it, but a risk from wrongful operation is not one of them.

The legal conception of property is of rights. When you attempt to limit them by wrongs, you venture a solecism. If you declare a right is subject to a wrong you. confound the meaning of both. It is difficult to deal with the opposing contention. There are some principles that have axiomatic character. The tangibility of property is in its uses and that the uses by one owner of his property may be limited by the wrongful use of another owner of his, is a contradiction. But let us pass from principle to authority.

Grand Trunk Railroad Company v. Richardson, 91 U. S. 454, was an action for damages for the destruction of a sawmill, lumber shed and other buildings andvmanufactured lumber, by fire communicated by a locomotive engine of a raihoad. Some of the buildings were erected in part on the company’s land near its track, and the railroad company-requested the court to charge the jury that the erection of the buildings or the storing of lumber so near the company’s track, as the evidence showed, was an improvident or careless act, and that if such location contributed in any degree to the loss which ensued, then the plaintiffs could not recover, even thoügh the fire -was communicated by the railroad company’s locomotive. The court refused the request and its action was sustained. Mr. Justice Strong, speaking for the court, said, “Such a location, if there was a license for it [it not then being a trespass], was a lawful use of its property by the plaintiffs; and they did not lose their right to compensation for their loss occasioned by the negligence of the defendant. Cook v. Champlain Transp. Co., 1 Den. 91; Fero v. Railroad, 22 N. Y. 215.”

In Cincinnati &c. R. R. Co. v. South Fork Coal Co., 139 Fed. Rep. 528, 530, there was the destruction of lumber placed on the railroad’s right of way by permission of the railroad. It was destroyed by fire occurring through the negligent operation of the railroad’s trains. Contributory negligence was urged against the right of recovery. The court (Circuit Court of Appeals for the Sixth Circuit), commenting on the cases cited by the railroad, said: “But in so far as the opinions go upon the theory that a plaintiff must lose his right of compensation for the negligent destruction of his own property situated upon his own premises because he had exposed it to dangers which could come to it only through the negligence of the railroad company, they do not meet our approval.”

After citing cases, the court continued, “The rights of persons to the use and enjoyment of their own property are held upon no such tenure as this. The principle would forbid the use of property for many purposes if in such proximity to a railroad track as to expose it to dangers attributable to the negligent management of its business.” Other cases might be adduced. They are cited in Thompson on Negligence, § 2314,. and Shearman and Redfield on Negligence, § 680, for the principle that an owner of property is not limited in the uses of his property by its proximity to a railroad, or subject to other risks than those which come from the careful operation of the road or unavoidable accident.

The first and second questions we answer in the negative, and the third question in the affirmative.

So ordered.