Atchison, Topeka & Santa Fe Rld. v. Stanford
Supreme Court of Kansas
Error from Chase Eistriet Court. Stanford sued the Railroad Company to recover damages for injuries sustained by the destruction by fire of a mare and colt, 400 bushels of corn, 80 bushels of oats, 33 bushels of wheat, 25 tons of hay, and some outbuildings and fences. He alleged that the fire doing the injury was set by the emitting of coals and sparks from a locomotive engine passing over defendant’s railroad, and by reason of the negligence and carelessness of defendant.
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Error from Chase Eistriet Court. Stanford sued the Railroad Company to recover damages for injuries sustained by the destruction by fire of a mare and colt, 400 bushels of corn, 80 bushels of oats, 33 bushels of wheat, 25 tons of hay, and some outbuildings and fences. He alleged that the fire doing the injury was set by the emitting of coals and sparks from a locomotive engine passing over defendant’s railroad, and by reason of the negligence and carelessness of defendant. Answer, a general denial, with a special averment, “that the said locomotive and engine so -used by said defendant in…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action for damages caused by fire originating from sparks emitted from one of the locomotive engines of the plaintiff in error, (defendant below.) After a careful examination of the whole case we have reached the conclusion that if there was any wrong done to plaintiff in error in the trial of this case, it was done principally by the jury, and not by the court. The only error of the court, if there was any error, was in not setting aside the verdict of the jury and granting a new trial on the ground that the verdict was not…
2Cases cited14 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
9 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Anderson v. Bushong Pontiac Co.Supreme Court of Pennsylvania · 1961
- Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
- Nelson v. Duquesne Light Co.Supreme Court of Pennsylvania · 1939
59 more not listed; retrieve them via the Exa API.