McFarland v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Hon. David H. Bby, Judge. (1) The statute relied upon (sec. 1111, R. S. 1899) imposes a liability, without regard to negligence, against “each railroad corporation owning or operating a railroad in this State,” for damages occasioned “by fire communicated directly or indirectly by locomotive engines in use upon the railroad owned or operated by such railroad corporation.” This statute makes each company liable for damages caused by it.
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Appeal from Monroe Circuit Court. — Hon. David H. Bby, Judge. (1) The statute relied upon (sec. 1111, R. S. 1899) imposes a liability, without regard to negligence, against “each railroad corporation owning or operating a railroad in this State,” for damages occasioned “by fire communicated directly or indirectly by locomotive engines in use upon the railroad owned or operated by such railroad corporation.” This statute makes each company liable for damages caused by it. (2) The statute makes the railroad company using engines on a road operated by it an insurer of property destroyed by fire…
1Opinion of the CourtBarclay, J.
This action is brought to recover for damages caused by fire charged to have been communicated to plaintiff’s farm property by a locomotive engine in use upon the railroad owned by defendant.
The petition set forth the particulars of the injury to plaintiff’s property in the destruction of fifty tons of hay, some rails, posts and meadow sod. It alleged the cause- to be fire, permitted to escape, in October, 1899, from a locomotive engine in use upon the railroad owned and operated by defend- and between the cities of Hannibal and Moberly, Missouri.
The defense is, in substance, that the fire…
2Cases cited4 opinions
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Adams v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1897
3Cited by8 opinions
- Springer v. Government of Philippine IslandsSupreme Court of the United States · 1928
- Bellerive Investment Co. v. Kansas CitySupreme Court of Missouri · 1929
- State Ex Rel. Curtis v. DeCorpsOhio Supreme Court · 1938
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- State ex rel. Kochtitzky v. RileySupreme Court of Missouri · 1907
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