Excelsior Products Manufacturing Co. v. Kansas City Southern Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court.- — Hon. J. H. Slover, Judge. (1) On the whole case plaintiff was not entitled to recover, (a) Defendant is not liable for fire set ont by its employees in furtherance of their own personal business. 26 Oyc. 1536, 1539-D; 20 Am. & Eng. Ency. Law, p. 526; Morrier v. Railroad, 31 Minn. 351, 47 Am.
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Appeal from Jackson Circuit Court.- — Hon. J. H. Slover, Judge. (1) On the whole case plaintiff was not entitled to recover, (a) Defendant is not liable for fire set ont by its employees in furtherance of their own personal business. 26 Oyc. 1536, 1539-D; 20 Am. & Eng. Ency. Law, p. 526; Morrier v. Railroad, 31 Minn. 351, 47 Am. Rep. 793; Railroad v. Fuel Go., 152 Fed. 920; Railroad v. Shields, 47 Ohio, 387'; Slater v. Thrasher Go., 97 Minn. 305; Railroad v. TIarvey, 144 Fed. 806; Garretson v. Duenckel, 50 Mo. 104; Snider v. Railroad, 60 Mo. 419; Walker v. Railroad, 121 Mo. 584; Farber v.…
1Opinion of the Court
BLAIR, C.
This appeal is from a judgment for $35,000 for damages by fire to plaintiff’s factory and raw material.
*147Plaintiff manufactured excelsior, and on its lot adjoining defendant’s right of way had its factory and had collected a large quantity of cottonwood which was stacked north of and near-plaintiff’s private switch track which was on the south part of its lot. South of this was the north line of defendant’s right of way and near that line defendant had a switch track on which it had placed some “bunk” cars in which were housed some laborers who were engaged in constructing for…
2Cases cited12 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Morier v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1884
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Marine Ins. v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1890
- Missouri Pacific Railway Co. v. DonaldsonTexas Supreme Court · 1889
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3Cited by3 opinions
- Henry v. the First Nat'l Bk. of Kansas CityMissouri Court of Appeals · 1938
- Robertson v. Virginia Electric & Power Co.Supreme Court of North Carolina · 1933
- Yore v. Pacific Gas & Electric Co.California Court of Appeal · 1929