Mills v. Louisville & N. R. R.
Court of Appeals of Kentucky
Case 25 — Action bt F. B. Mills against L. & N. B. Co. fob Burning Residence. APPEAL FROM LOGAN CIRCUIT COURT. Judgment fob Defendant and Plaintiff Appeals. Appellant’s dwelling house and outhouses and some of the contents were destroyed by fire.-about June 20, 18S9, as he claims, by sparks emitted from one of defendant’s engines.
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Case 25 — Action bt F. B. Mills against L. & N. B. Co. fob Burning Residence. APPEAL FROM LOGAN CIRCUIT COURT. Judgment fob Defendant and Plaintiff Appeals. Appellant’s dwelling house and outhouses and some of the contents were destroyed by fire.-about June 20, 18S9, as he claims, by sparks emitted from one of defendant’s engines. Our contention is: 1. That although the house was 17,1 feet from the railroad track, the evidence shows it was a physical impossibility that the fire should ¡have originated otherwise than from sparks from the train, for these reasons: (a) The fire was first…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
-Reversing.
Appellants residence was destroyed by fire in -June,-1899, and he filed this action to recover damages therefor of the appellee on the ground that the fire originated from a spark *312emitted from one of its engines. On the trial of the case the jury returned a vei’dict in favor of the defendant, and the plaintiff appeals.
The track of the road as it passes appellant’s house runs north and south. The house was situated on the east side of the track, and something over fifty yards from it. As shown by the plaintiff’s evidence, there had been no fire in…
2Cases cited3 opinions
- Kentucky Central Railroad v. BarrowCourt of Appeals of Kentucky · 1883
- Louisville & Nashville Railroad v. TaylorCourt of Appeals of Kentucky · 1891
- Louisville & Nashville Railroad v. DaltonCourt of Appeals of Kentucky · 1897
3Cited by10 opinions
- Blue Diamond Coal Company v. United Mine Workers of AmericaCourt of Appeals for the Sixth Circuit · 1970
- Rankin v. Blue Grass Boys Ranch, Inc.Court of Appeals of Kentucky (pre-1976) · 1971
- Louisville & Nashville Railroad v. HaggardCourt of Appeals of Kentucky · 1914
- Wilson Bros. v. BushWest Virginia Supreme Court · 1911
- Chesapeake & Ohio Railway Co. v. CommonwealthCourt of Appeals of Kentucky · 1920
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