Legal Opinion

Union Pacific Railway Co. v. Motzner

Court of Appeals of Kansas

Decided February 14, 1896No. 33PublishedCited by 2 opinions

■Memorandum. — Error from Russell district court; W. G. Eastland, judge. Action for damages on account of fire by John Motzner against The Union Pacific Railway Company. Judgment for plaintiff. Defendant brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Clark, J. :

This action was brought by John Motzner against The Union Pacific Railway Company to recover damages alleged to have been sustained by him through the negligent operation of the defendant’s railroad. The particular negligence complained of is that the defendant, while running one of its trains on its road in Russell county, managed its train carelessly and negligently, and failed to employ suitable means to prevent the escape of fire from the engine that was used in running the train, and carelessly and negligently permitted dead and dry…

2Cases cited1 opinion

  1. Atchison, Topeka & Santa Fe Railroad v. AyersSupreme Court of Kansas · 1895

3Cited by2 opinions

  1. Union Pacific Railway Co. v. BuckCourt of Appeals of Kansas · 1896
  2. Union Pacific Railway Co. v. MotznerCourt of Appeals of Kansas · 1898

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