A. T. & S. F. Railroad v. Campbell
Supreme Court of Kansas
Error from Lyon District Court. Campbell sued the Railroad Company, claiming in his petition that, on the 12th of October 1874, the defendant while running a train of cars through the county of Lyon on its line of railroad, propelled by a steam locomotive, by reason of the negligent and careless management of said locomotive, and by reason of said locomotive being out of repair, and in an unsafe condition, fire was set to the grass on plaintiff’s land in said county…
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Error from Lyon District Court. Campbell sued the Railroad Company, claiming in his petition that, on the 12th of October 1874, the defendant while running a train of cars through the county of Lyon on its line of railroad, propelled by a steam locomotive, by reason of the negligent and careless management of said locomotive, and by reason of said locomotive being out of repair, and in an unsafe condition, fire was set to the grass on plaintiff’s land in said county adjoining the track, and burned up and destroyed 250 rods of fence; 75 tons of hay, 30 tons of straw, 37 apple trees, and a…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action by defendant in error to recover damages for property consumed by fire, claimed to have been started from one of the engines of the railroad company. The fire was the same as that which destroyed the property of ¥m. M. Stanford, a judgment in whose favor therefor was in 1874 sustained by this court. (A. T. & S. F. Rld. Co. v. Stanford, 12 Kas. 354.) There are also three other actions now pending in this court to recover damages done by the same fire, or fires from the same engine upon the same day. Of course, as to all…
2Cases cited1 opinion
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
3Cited by6 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Allen v. EllisSupreme Court of Kansas · 1963
- McTavish v. Great Northern Railway Co.North Dakota Supreme Court · 1899
- Martin v. City of ColumbusSupreme Court of Kansas · 1915
- Missouri Pacific Railway Co. v. KincaidSupreme Court of Kansas · 1883
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