St. Joseph & Denver City Railroad v. Chase
Supreme Court of Kansas
Error from Brown District Court. Chase sued the Railroad Company to recover damages for the destruction by fire of forty-five tons of hay, forty-five rods of fence, and one hay-rack and one hay-rake. The line of defendant’s road was through plaintiff’s land, and said property was situated on plaintiff’s land, and about thirty rods from the railroad track.
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Error from Brown District Court. Chase sued the Railroad Company to recover damages for the destruction by fire of forty-five tons of hay, forty-five rods of fence, and one hay-rack and one hay-rake. The line of defendant’s road was through plaintiff’s land, and said property was situated on plaintiff’s land, and about thirty rods from the railroad track. The fire was set to stubble and grass near the track by sparks and coals from defendant’s locomotive, and passed over plaintiff’s land, destroying plaintiff’s property. Plaintiff claimed that defendant’s .locomotives and appurtenances were…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
*55 1. Evidence; proof of negligence.
2 Evidence; competency. *54This was an action brought by Thurston Chase as plaintiff to recover damages from the St. Joseph & Denver City Railroad company for negligently setting fire to *55and burning certain hay, etc., belonging to the said plaintiff. The plaintiff seems to have tried the case in the court below upon the theory that the fire was caused by sparks emitted from a locomotive of the defendant; that the smoke-stacks and spark-arresters of said locomotive were old, and not in good condition; that…
2Cases cited9 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- City of Delphi v. LoweryIndiana Supreme Court · 1881
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883
22 more not listed; retrieve them via the Exa API.