Walker v. Missouri Pacific Railway Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiff recovered judgment for damage to his building caused by fire. The defendant appeals.

*703The plaintiff’s building, and furniture therein, were damaged by fire communicated from another building. The fire was not started by the defendant. The defendant’s train, standing on the track five minutes, blocked Central avenue in Wichita, and delayed the fire department three or four minutes in reaching the fire. By one ordinance of the city, trainmen were prohibited from blocking any street longer than five minutes, and by another…