Atchison, Topeka & Santa Fe Railroad v. Huitt
Court of Appeals of Kansas
Memorandum. — Error from Barton district court; J. H. Bailey, judge. Action for damages by fire by J. F. Huitt against the Atchison, Topeka & Santa Fe Railroad Company. Judgment for plaintiff; the defendant brings the case to this court.
1Opinion of the Court
The opinion of the court was delivered by
Dennison,. J. :
This was an action brought in the district court of Barton county, Kansas, by said Huitt *776against the Atchison, Topeka & Santa Fe Railroad Company to recover the value of certain personal property which was kept in a livery barn in the city of Ellinwood, Barton county, Kansas, claimed by said Huitt to have been set on fire by said railroad company in the operation of its road.
The first error complained of is in the following instructions given by the court:
“4. I instruct you that the burden of proof in this case is on the plaintiff, and…
2Cases cited4 opinions
- Woodman v. DavisSupreme Court of Kansas · 1884
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
- Fort Scott, Wichita & Western Railroad v. KarrackerSupreme Court of Kansas · 1891
- State v. PlumSupreme Court of Kansas · 1892
3Cited by2 opinions
- Moulton v. Globe Mutual InsuranceSouth Dakota Supreme Court · 1915
- Atchison, Topeka & Santa Fe Railroad v. LongCourt of Appeals of Kansas · 1897