Fort Scott, Wichita & Western Railway Co. v. Fortney
Supreme Court of Kansas
Error from Bourbon District Court. The opinion states the nature of the action and the material facts. Judgment for the plaintiffs, Fortney and another, at the October term, 1889. The defendant Company comes to this court. 1. Under the pleadings in this case, the operating company only is liable.
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Error from Bourbon District Court. The opinion states the nature of the action and the material facts. Judgment for the plaintiffs, Fortney and another, at the October term, 1889. The defendant Company comes to this court. 1. Under the pleadings in this case, the operating company only is liable. That company which solely employs, directs and controls the officers and men who are engaged in the operation of the defendant line of road as an entirety, so that the relation of employer and employé and master and servant exists, and to which the principle of respondeat superior can be applied, is…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
The defendants in error, as plaintiffs, brought this action to recover damages, which they allege they had sustained by reason of a fire which they allege the defendant company, in the operation of its railroad, in Bourbon county, had negligently permitted to escape from its engine, and which they aver spread from a point near the right-of-way of the defendant’s road to their lands, and damaged and destroyed their property, and claimed damages in the sum of $5,150.57. Theaction is brought under ¶ 1321 of the General Statutes. The jury…
2Cited by5 opinions
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- Nangle v. Cudahy Packing Co.Supreme Court of Kansas · 1922
- Fort Scott, Wichita & Western Railway Co. v. LightburnCourt of Appeals of Kansas · 1899