Eddy v. Lafayette
Court of Appeals for the Eighth Circuit
In Error to the United States Court in the Indian Territory. Action by Ben F. Lafayette and Sallie M. Hailey against George A. Eddy, and .H. C. Cross, as receivers of the Missouri, Kansas & Texas Railway Company, to recover for hay destroyed by a fire set out by defendants’ locomotive. Verdict and judgment for plaintiffs. Defendants brought error. '
1Opinion of the Court
Thayer, District Judge.
This is ah action to recover the value of 666 tons of hay which was destroyed by fire near Wagoner, in the Indian Territory, on August 20,1889. The hay was stacked in 15 ricks, at distances varying from 400 yards to 1J miles from the track of the Missouri, Kansas & Texas Railway Company. Messrs. Eddy and Cross were operating said railroad as receivers when the fire occurred. The complaint filed in the lower court alleged that they had negligently permitted large quantities of dry grass and weeds to accumulate on the railroad right of way; that they had in service a…
2Cases cited11 opinions
- Harkness v. HydeSupreme Court of the United States · 1879
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Beals v. GuernseyNew York Supreme Court · 1811
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Rippstein v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1874
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3Cited by21 opinions
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- Oregon Imp. Co. v. NelsonCourt of Appeals for the Ninth Circuit · 1895
- Gulf, C. & S. F. Ry. Co. v. JohnsonCourt of Appeals for the Eighth Circuit · 1893
- Spaulding v. PolleySupreme Court of Oklahoma · 1911
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