Kenney v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — HoN. E. J. Broaddus, Judge. The plaintiff in Ms .petition claimed damages for two fires, one alleged to have occurred on the 1st day of February and the other on the 3rd day of February. 1. There being no fact shown, independent of the mere escape of fire, from which negligence may be found, the loss in damnum alsque injuria. Turnpike Go. v. Railroad Co., 54 Pa. St. 345 ; Railroad Go., v. Hendrickson, 80 Pa.
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Appeal from Caldwell Circuit Court. — HoN. E. J. Broaddus, Judge. The plaintiff in Ms .petition claimed damages for two fires, one alleged to have occurred on the 1st day of February and the other on the 3rd day of February. 1. There being no fact shown, independent of the mere escape of fire, from which negligence may be found, the loss in damnum alsque injuria. Turnpike Go. v. Railroad Co., 54 Pa. St. 345 ; Railroad Go., v. Hendrickson, 80 Pa. St. 182; Flynn v. Railroad, 40 Cal. 14: s. c. 6 Am. note p. 597. 2. There is no absolute presumption of negligence growing out of the fact that fire…
1Opinion of the Court
Henry, J. —
Plaintiff sued for damages for the destruction of thirty-five acres of meadow, thirty acres of pasture and 376 yards of hedging, by fire, which, he alleged, through the carelessness and'negligence of defendant’s agents, &e., in managing a locomotive engine on defendant’s road, was communicated by sparks emitted by said engine. The answer was a denial of the allegations in the petition. 'Plaintiff’ obtained a judgment, from which defendant has appealed.
The evidence as to the origin of the fire was, that just after a train of defendant’s cars passed through plaintiff’s farm, about…
2Cases cited3 opinions
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Fitch v. Pacific RailroadSupreme Court of Missouri · 1870
- Sheldon v. Hudson River Rail RoadNew York Supreme Court · 1859
3Cited by24 opinions
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Allend v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1899
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- White v. Chicago, M. & St. P. R'y Co.South Dakota Supreme Court · 1890
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
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