Kenney v. Hann. & St. Jo. R. R.
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. There was no proof of negligence in supplying insufficient or defective appliances, or of want of care and skill on the part of defendant’s engineers. The proof clearly showed the contrary; and the mere fact that engine No. 22 emitted sparks is not negligence per se. (40 Cal. 14; 18 Barb. 80; 8 Barb. 366; 4 Md. 242; 2 Am. R. R. Cas. 30; 14 N. Y. 218; 2 Strob. 356; Sherm. & Redf.
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Appeal from Caldwell Circuit Court. There was no proof of negligence in supplying insufficient or defective appliances, or of want of care and skill on the part of defendant’s engineers. The proof clearly showed the contrary; and the mere fact that engine No. 22 emitted sparks is not negligence per se. (40 Cal. 14; 18 Barb. 80; 8 Barb. 366; 4 Md. 242; 2 Am. R. R. Cas. 30; 14 N. Y. 218; 2 Strob. 356; Sherm. & Redf. Negl. § 332, p. 395.) An engine properly constructed must emit some sparks. The company not being in fault as to the quality and character of their equipments, the special risks…
1Opinion of the CourtNaptos, Judge
The petition in this case charged that the defendant by “ their agents and servants so carelessly and negligently ran and managed a locomotive engine on their said railroad in said county, that fire escaped therefrom into adjoining lands, owned and occupied by plaintiff, and consumed and destroyed” certain property described, of the value of $2,920.
The answer is merely a denial of the allegations of the petition, and an averment that the injuries were caused by the plaintiff’s own negligence ; to which latter clause of the answer there was a replication.
The proof was that immediately after…
2Cited by10 opinions
- Atchison, Topeka & Santa Fe Railroad v. AyersSupreme Court of Kansas · 1895
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Missouri Pacific Railway Co. v. PlatzerTexas Supreme Court · 1889
- Gerst v. City of St. LouisSupreme Court of Missouri · 1904
- DeSteiger v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
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