Lumbermen's Mutual Insurance v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — -PIon. J. PE. Sloveu,. Judge. (1) The court erred in holding that defendant was liable to anyone under section 2615, Revised Statutes 1889, for property destroyed by fire which did not abut upon or adjoin defendant’s property, and to which the fire was not eommuni.'cated from defendant’s engine, but from the burning of another building.
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Appeal from Jackson Circuit Court. — -PIon. J. PE. Sloveu,. Judge. (1) The court erred in holding that defendant was liable to anyone under section 2615, Revised Statutes 1889, for property destroyed by fire which did not abut upon or adjoin defendant’s property, and to which the fire was not eommuni.'cated from defendant’s engine, but from the burning of another building. Such a construction of the statute makes it unconstitutional and void, and is contrary to the reasoning of this court in the cases which have sustained the section as valid and constitutional. Mathews v. Railroad, 121 Mo.…
1Opinion of the CourtBrace, P. J.
This is an appeal by the defendant railroad company from a judgment of the Jackson Circuit Court in favor of the plaintiff insurance company for the sum of $1,800.
Plaintiff’s cause of action is thus stated in the petition.
“Plaintiff alleges that the T. A. Miller Lumber Company is and at all times herein stated was a corporation duly organized and existing by law. That plaintiff Lumbermen’ 5 Mutual Insurance Company is, and at all times herein stated was, a corporation duly organized and existing by virtue of the laws of the State of Illinois and engaged in the business of insuring property…
2Cases cited21 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Huntington v. AttrillSupreme Court of the United States · 1892
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Home InsuranceIndiana Supreme Court · 1915
- Hartford Fire Ins. Co. v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1922
- Atlantic Coast Line Railroad v. CoachmanSupreme Court of Florida · 1910
- Foster v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
- Blackmore v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
9 more not listed; retrieve them via the Exa API.