Kentucky Central Railroad v. Barrow
Court of Appeals of Kentucky
* Case 95 — PETITION ORDINARY APPEAL FROM CLARK CIRCUIT COURT. 1. It was error to allow plaintiff' to prove how engines “ usually,” and at other times and places, appeared as to their smoke-stacks and fenders or screens, and that trains had set fire to other property at other times. 2. The fact that fire has been occasioned by sparks from a railroad engine will not render the railroad liable, if it has used reasonable precaution to prevent the occurrence of the accident.
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* Case 95 — PETITION ORDINARY APPEAL FROM CLARK CIRCUIT COURT. 1. It was error to allow plaintiff' to prove how engines “ usually,” and at other times and places, appeared as to their smoke-stacks and fenders or screens, and that trains had set fire to other property at other times. 2. The fact that fire has been occasioned by sparks from a railroad engine will not render the railroad liable, if it has used reasonable precaution to prevent the occurrence of the accident. (Root v. N. Y. & & R. Co., 18 Barb., 30; Reading R. Co. v. Yerse, 8 Pa. St., 366; 111. Cent. R. Co. v. Mills, 42 111., 407;…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE CODRT.
This is an action by appellee to recover of appellant damages for the burning and injury to his fence, grass,, hay, and other property, alleged to have been ignited *640by sparks of fire that escaped from the chimney of a locomotive engine as it, with a train of cars attached, passed along a railroad owned and operated by the .appellant adjacent to the farm of appellee. The jury returned a verdict in favor of appellee, and judgment having been rendered accordingly, this appeal is prosecuted.
The only errors presented to the lower court as grounds for a…
2Cases cited2 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
3Cited by14 opinions
- Illinois Central Ry. v. HicklinCourt of Appeals of Kentucky · 1909
- Cin., N. O. & T. P. Ry Co. v. Sadieville Milling Co.Court of Appeals of Kentucky · 1910
- Park Circuit Realty Company v. CoulterCourt of Appeals of Kentucky (pre-1976) · 1930
- Louisville & Nashville Railroad v. GuttmanCourt of Appeals of Kentucky · 1912
- Louisville & Nashville Railroad v. TaylorCourt of Appeals of Kentucky · 1891
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