M. K. & T. Railway v. Davidson
Supreme Court of Kansas
Error from Labette District Court. Davidson sued the Railway Company to recover damages for injuries sustained, alleging that “defendant-, in October 1872, did set fire to and burn up and destroy seven acres of young timber, the property of the plaintiff.”
Read the full summary
Error from Labette District Court. Davidson sued the Railway Company to recover damages for injuries sustained, alleging that “defendant-, in October 1872, did set fire to and burn up and destroy seven acres of young timber, the property of the plaintiff.” The action was commenced before a justice of the peace, was taken to the district court by appeal, where it was tried at the March Term 1874. Verdict and judgment in favor of Davidson for $40, and costs, and defendant brings the case here on error. submitted that there was neither allegation nor proof that the Railway Co. was guilty of any…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
The defendant in error brought his action against the plaintiff in error for damages caused by setting fire to and burning and destroying several acres of young timber, the property of the defendant in error, and obtained *351a verdict. There was no allegation of negligence or carelessness on the part of the corporation or its agents; neither is there any testimony tending to show negligence. The testimony is, that there was no fire -before the train arrived at a ■certain place, but just after it passed the fire was observed in-the…
2Cases cited1 opinion
- Kansas Pacific Railway Co. v. ButtsSupreme Court of Kansas · 1871
3Cited by7 opinions
- Kansas Pacific Railway Co. v. BradySupreme Court of Kansas · 1877
- Johnston v. MarriageSupreme Court of Kansas · 1906
- Minto v. SpragueColorado Court of Appeals · 2005
- Hunt v. HainesSupreme Court of Kansas · 1881
- Atchison, Topeka & Santa Fé Railroad v. DennisSupreme Court of Kansas · 1888
2 more not listed; retrieve them via the Exa API.