McCoy v. Kansas City, St. Joseph & Council Bluffs Railroad
Court of Appeals of Kansas
Appeal from the Atchison Circuit Court. — Hon. Cyrus A. Anthony, Judge. Statement by the court. This action is based on a petition containing two counts, the first charging that defendant negligently caused and permitted fire to escape from one of its locomotive engines which was communicated to - and destroyed plaintiff’s hay and grass.
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Appeal from the Atchison Circuit Court. — Hon. Cyrus A. Anthony, Judge. Statement by the court. This action is based on a petition containing two counts, the first charging that defendant negligently caused and permitted fire to escape from one of its locomotive engines which was communicated to - and destroyed plaintiff’s hay and grass. The second count is for the same loss, but charges that the Chicago, Burlington and Quincy Railroad Company by virtue of a lease from the defendant was operating its trains and engines over defendant’s road and that said Chicago, Burlington and Quincy…
1Opinion of the CourtEllison, J.
— 1. We do not consent to the proposition, so ably argued by appellant’s counsel, that the plaintiff cannot recover in this action because the petition did not “allege the lease, and that the act was done by the lessee.” The law is well settled that the lessoris as much bound for the loss in such case as the lessee, even though the engine doing the injury belonged to the lessee and was being operated by its immediate servants. The action in the latter case may be brought directly against the lessor, and the act charged in the petition as the act of the lessor, the original owner of the road.…
2Cases cited5 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
- Abbott v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Court of Appeals · 1880
- Turner v. AdamsSupreme Court of Missouri · 1870
- Gates v. WatsonSupreme Court of Missouri · 1874
3Cited by14 opinions
- Cotton v. Ship-By-Truck Co.Supreme Court of Missouri · 1935
- EC Robinson Lumber Company v. LowreyMissouri Court of Appeals · 1955
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
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