Legal Opinion

Kansas City, Fort Scott & Gulf Railroad v. Owen

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 10 opinions

Error from Bourbon District Court. Action brought by Owen against the Railroad Company, to recover damages for certain hay said to have been destroyed by fire from a locomotive engine on the defendant’s railroad. Trial at the December Term, 1880, of the district court, and judgment for the, plaintiff. The defendant brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

On the trial, the plaintiff in error (defendant below) asked the court to instruct the jury: “It is a circumstance the jury may consider, as going to prove contributory negligence, that the plaintiff stacked his hay near the railroad track, without guarding it in any way from fire. *420Persons who live near railroads are bound to take notice of the increased danger to their property from fire, and to exercise' a proportionate amount of care to protect it.” The instruction was refused; no similar instruction given; nor anything said in the…

2Cases cited1 opinion

  1. Kansas Pacific Railway Co. v. BradySupreme Court of Kansas · 1877

3Cited by10 opinions

  1. Watson v. Parker TownshipSupreme Court of Kansas · 1923
  2. Omaha Fair & Exposition Ass'n v. Missouri Pacific Railway Co.Nebraska Supreme Court · 1894
  3. Wilson Bros. v. BushWest Virginia Supreme Court · 1911
  4. Missouri Pacific Railway Co. v. KincaidSupreme Court of Kansas · 1883
  5. Bowers v. MildrenSupreme Court of Kansas · 1920

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