Walker Bros. v. Missouri Pacific Railroad
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. J. H. Lay, Judge. (1) The court erred in striking out part of the amended answer. It constituted a valid defense to the cause of action alleged in the petition. (2) In their petition the plaintiffs allege a cause of action at common law for negligence; in their proof, they rely upon-section 2615, Revised Statutes, 1889, making proof of negligence unnecessary where property is destroyed by fire communicated from an engine.
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Appeal from the Bates Circuit Court. — Hon. J. H. Lay, Judge. (1) The court erred in striking out part of the amended answer. It constituted a valid defense to the cause of action alleged in the petition. (2) In their petition the plaintiffs allege a cause of action at common law for negligence; in their proof, they rely upon-section 2615, Revised Statutes, 1889, making proof of negligence unnecessary where property is destroyed by fire communicated from an engine. Our contention is that this section has no application to the facts of the case. (3) The rights of these plaintiffs could not be…
1Opinion of the CourtGill, J.
Plaintiffs sued defendant for damages because of destruction by fire of thirty-two tons of baled hay, which they had stored in a building alongside defendant’s side track at Passaic station, awaiting shipment, and for which cars had been ordered. It was alleged, and the evidence tended to prove, that the hay was destroyed by fire escaping from one of defendant’s locomotive engines, which was, at the time, switching cars in the yards at Passaic.
statement In addition to a general denial, defendant sought to escape liability by reason of the following facts set uP in its answer, to wit: that the…
2Cases cited5 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Torpey v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
- Redmond v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1882
3Cited by5 opinions
- Jensen v. South Dakota Cent Ry. Co.South Dakota Supreme Court · 1910
- American Central Insurance v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898
- Cramer v. Springfield Traction Co.Missouri Court of Appeals · 1905
- Ordelheide v. Wabash Railroad Co.Missouri Court of Appeals · 1899
- Ordelheide v. Wabash RailroadMissouri Court of Appeals · 1899