Logan v. Wabash Railroad
Missouri Court of Appeals
Appeal from Schuyler Circuit Court. — No». Nat M. Shelton, Judge. (1) The duty was imposed by law upon the prop•erty-owner to extinguish the fire if he could reasonably do so.
Read the full summary
Appeal from Schuyler Circuit Court. — No». Nat M. Shelton, Judge. (1) The duty was imposed by law upon the prop•erty-owner to extinguish the fire if he could reasonably do so. Thompson on Negligence (Late Edition), sec. 2327; Tilley v. Railroad, 49 Ark 535; 6 S. W. 8; Railroad v. McKay, 69 Miss. 139; 12 So. 447; Hoyle v. Railroad, 28 Hun. 363; Douglas v. St. Johns, 18 Mo. 362; Railroad v. Miller, 48 N. E. 663; Railroad v. Bailey, 46 N. E. 688. (2) The owner in protecting his property is rendering a service to the defendant. Page v. Bucksport, 18 American 239; Ingalls v. -Bills, 9 Metcalf, 1;…
1Opinion of the CourtBroaddus, J.
The plaintiff, Logan, was in ■charge of a farm belonging to his brother, in which he had an interest in the growing crops and stock thereon. In July, 1900, an engine operated on defendant’s railroad, which passed 'through said farm, by escaping sparks set out a fire near some hay which had been severed from the land and which was partly in ricks. There was also some standing hay. The plaintiff with the aid of another man succeeded in saving some of the hay, but while so doing, he became surrounded by the flames, and in seeking to escape, fell and was severely burned. The court sustained a…
2Cases cited3 opinions
- Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
- Henry v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Sira v. Wabash RailroadSupreme Court of Missouri · 1893
3Cited by19 opinions
- Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
- Lemos v. MaddenWyoming Supreme Court · 1921
- Tayer v. York Ice MacHinery Corp.Supreme Court of Missouri · 1938
- Wilson v. Northern Pacific Railway Co.North Dakota Supreme Court · 1915
- Myers v. AdlerMissouri Court of Appeals · 1915
14 more not listed; retrieve them via the Exa API.