Cincinnati, R. v. Barker
Court of Appeals of Kentucky
Case 12 — PETITION ORDINARY — 1. No liability for fire where railroad company uses best and most effective-preventive to prevent escape of sparks. (Wharton on Negligence, sec. 869; Pierce on Bailroads, p. 433; Thompson on Negligence, vol. 1, p. 154; Kentucky Central B. Co. v. Barrow, 89 Ky., 638; L. & N. B. Co. v. Taylor, 92 Ky., 55.) 2. Plaintiff has burden of proving fire originated from defendant’s engine.
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Case 12 — PETITION ORDINARY — 1. No liability for fire where railroad company uses best and most effective-preventive to prevent escape of sparks. (Wharton on Negligence, sec. 869; Pierce on Bailroads, p. 433; Thompson on Negligence, vol. 1, p. 154; Kentucky Central B. Co. v. Barrow, 89 Ky., 638; L. & N. B. Co. v. Taylor, 92 Ky., 55.) 2. Plaintiff has burden of proving fire originated from defendant’s engine. Not sufficient to show possibility that injury was caused by the defendant. (Pierce on Bailroads, p. 436, and cases cited; Ibid, p. 437; Wharton on Negligence, sec. 870, and cases…
1Opinion of the Court
JUDGE HAZBLRIGG
delivered the opinion of the court.
The Barkers, as plaintiffs in the court below, brought suit against the defendant, now appellant, alleging that on the night of April 5, 1889, “the defendant negligently set fire, by sparks and coals from its locomotive, to its depot, which consumed the same, and *75which • extended to and consumed the storehouse of plaintiff aforesaid. That said negligence of the defendant was the natural, probablé and proximate cause of - the burning of their said house, and that by such negligent act of defendant, they have been damaged three thousand dollars.”
2Cited by10 opinions
- Greer v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1893
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Indiana Horseshoe Co.Indiana Supreme Court · 1900
- White v. City of WilliamsburgCourt of Appeals of Kentucky (pre-1976) · 1926
- Louisville & Nashville Railroad v. HaggardCourt of Appeals of Kentucky · 1914
- Pitman v. DrownCourt of Appeals of Kentucky · 1917
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