Atchison, Topeka & Santa Fe Railway Co. v. Arthurs
Supreme Court of Kansas
Error from Neosho district court; Ij. Stillwell, judge. STATEMENT. The defendant in error brought this action to recover damages for the loss of property destroyed by fire through the negligence of the railway company and its employees in operating one of its freight-trains, on the 17th day of November, 1897, on a division of its road which runs through the farm of plaintiff below, near Chanute.
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Error from Neosho district court; Ij. Stillwell, judge. STATEMENT. The defendant in error brought this action to recover damages for the loss of property destroyed by fire through the negligence of the railway company and its employees in operating one of its freight-trains, on the 17th day of November, 1897, on a division of its road which runs through the farm of plaintiff below, near Chanute. Many specific allegations^ of negligence were made in the petition, but the only ones necessary to be stated here are the following: (1) “That the defendant negligently used and employed in the…
1Opinion of the Court
The opinion of the court was delivered by
Ellis, J.:
It is insisted that the trial court erred in permitting the counsel for plaintiff below to elicit from Mr. Heller, an engineer, upon cross-examination, the following testimony:
‘ ‘ Ques. You may state whether or not these engines are not fired up with wood when they begin to make fires in the engines. Ans. They put some ki,nd of wood in, enough to get the fire started, and then they put in coal. .
“Q. Well, now, when wood is mixed in with the coal, the fire is more liable to escape — it is more liable to emit sparks when fired with coal and…
2Cases cited3 opinions
- Missouri, Kansas & Texas Railway Co. v. LycanSupreme Court of Kansas · 1897
- Atchison, Topeka & Santa Fe Railroad v. OwensCourt of Appeals of Kansas · 1897
- Atchison, Topeka & Santa Fé Railroad v. GibsonSupreme Court of Kansas · 1889
3Cited by4 opinions
- Kansas City, Fort Scott & Memphis Railroad v. PerrySupreme Court of Kansas · 1902
- Barker v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1915
- Chicago, Rock Island & Pacific Railway Co. v. MosherSupreme Court of Kansas · 1907
- Chicago, R. I. & P. R. Co. v. SwinneySupreme Court of Oklahoma · 1916