Reisz v. Kansas City Southern R.
Supreme Court of Louisiana
Appeal from First Judicial District Court, Parish of Caddo; R. D. Webb, Judge. Action by Louis Reisz against the Kansas City Southern Railroad Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtDawkins, J.
This is an action in damages ex delicto for the partial destruction by fire of a certain building owned at the time by the plaintiff. It is charged that the fire was caused by sparks from the locomotive of defendant, and in their brief counsel for defendant concede that liability for the fire has *931been shown, but deny that plaintiff is entitled to recover:(1) Because the petition discloses no cause of action or right of action.(2) In the alternative, that the amount allowed by the lower court exceeded the value of the property destroyed.
Exception of No Cause and No Right of Action.
This…
2Cases cited14 opinions
- Wall v. PlattMassachusetts Supreme Judicial Court · 1897
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Chicago & E. R. v. Ohio City Lumber Co.Court of Appeals for the Sixth Circuit · 1914
- Lexington & Eastern Railway Co. v. BakerCourt of Appeals of Kentucky · 1913
- Slavin v. . StateNew York Court of Appeals · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- American Home Building Co. v. SlateLouisiana Court of Appeal · 1928
- Sherwood v. American Ry. Express Co.Supreme Court of Louisiana · 1925
- Chriss v. Manchester Insurance & Indemnity CompanyLouisiana Court of Appeal · 1975
- Weber v. H. G. Hill Stores, Inc.Supreme Court of Louisiana · 1946
- Davis v. RobertsLouisiana Court of Appeal · 1967
29 more not listed; retrieve them via the Exa API.