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  • LeRoy Fibre Co. v. Chicago, Milwaukee & St. …LeRoy Fibre Co. v. Chicago, Milwaukee & St. Paul Ry.
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LeRoy Fibre Co. v. Chicago, Milwaukee & St. Paul Ry.

United States Supreme Court
232 U.S. 340 (1914)


LeRoy Fibre Co. (LeRoy) (plaintiff) owned a piece of land upon which it had granted a right of way to Chicago, Milwaukee & St. Paul Ry. (Railroad) (defendant) to operate its locomotives. LeRoy was engaged in the business of storing flax. It had gathered two large piles of flax on its land located seventy feet and eighty-five feet away from the Railroad’s right of way, respectively. One evening, the Railroad’s locomotive negligently emitted a large amount of sparks as it crossed LeRoy’s land. The sparks spread to the piles of flax and burned them completely. LeRoy brought suit against the Railroad for negligence. At trial, the jury found the Railroad negligent, but also found LeRoy guilty of contributory negligence because it placed the piles of flax less than one hundred feet away from the Railroad’s right of way. The United States Supreme Court was asked to review the issue of LeRoy’s contributory negligence.

Rule of Law


Holding and Reasoning (McKenna, J.)

Concurrence (Holmes, J.)

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