Legal Opinion

Kansas Pacific Railway Co. v. Butts

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 29 opinions

Error from Davis District Court. Butts sued the Kansas Pacific Railway Company to recover damages alleged to have been sustained by the burning of a corn-crib, some corn, a corral and other property averred to have been occasioned by fire carelessly communicated from a passing locomotive engine of the defendant. The question was tried upon an agreed statement of facts, which are set forth in full in the opinion of the court.

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Error from Davis District Court. Butts sued the Kansas Pacific Railway Company to recover damages alleged to have been sustained by the burning of a corn-crib, some corn, a corral and other property averred to have been occasioned by fire carelessly communicated from a passing locomotive engine of the defendant. The question was tried upon an agreed statement of facts, which are set forth in full in the opinion of the court. From these facts the court below decided that the defendant was guilty of negligence, that such negligence occasioned the injury, and gave judgment for the plaintiff. The…

1Opinion of the Court

The opinion of the court was delivered by

Kingman, C. J.:

The plaintiff below brought his action to recover damages alleged to have been sustained by the burning of a corn-crib, some corn, a corral, and other property of his, by fire averred to have been carelessly communicated from a passing locomotive engine of the defendant. The answer was a general denial. The case was submitted to the court, without a jury, upon an agreed statement of facts, of which the following is a copy:

“ At the time of the happening of the alleged grievances complained of, the defendant was a railway corporation…

2Cases cited8 opinions

  1. Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
  2. Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
  3. Rood v. New-York & Erie RailroadNew York Supreme Court · 1854
  4. Burroughs v. Housatonic RailroadSupreme Court of Connecticut · 1842
  5. Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866

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3Cited by29 opinions

  1. Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
  2. Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
  3. Emigh v. AndrewsSupreme Court of Kansas · 1948
  4. United Trust Co. v. PykeSupreme Court of Kansas · 1967
  5. Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890

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