Illinois Central Ry. v. Hicklin
Court of Appeals of Kentucky
CASE 62. — ACTION BY MARY J. HICKLIN AND OTHERS AGAINST THE ILLINOIS CENTRAL R. R. CO. FOR VALUE OF HOUSE BURNED BY SPARKS FROM ENGINE. Appeal from Crittenden Circuit Court. J. F. Gordon, Circuit Judge. Judgment for plaintiff. Defendant appeals.
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CASE 62. — ACTION BY MARY J. HICKLIN AND OTHERS AGAINST THE ILLINOIS CENTRAL R. R. CO. FOR VALUE OF HOUSE BURNED BY SPARKS FROM ENGINE. Appeal from Crittenden Circuit Court. J. F. Gordon, Circuit Judge. Judgment for plaintiff. Defendant appeals. QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. The wrongdoer has, no right to the benefits of the insurance, and can not rely either in full or protanto as a defense on the insurance money received by the owner of the property from his insurance. 2. Payment to the owner by an insurance company or the amount of his loss does not bar the right against…
1Opinion of the Court
Opinion op the Court by
Wm. Rogers Clay, Commissioner
Affirming.
Charging that their house in Marion, Crittenden county, Kentucky, had been destroyed by the negligence of the Illinois Central Railroad Company in *626permitting sparks to escape from its engine and alight thereon, plaintiffs, Mary J. Hicklin and others, instituted this action, against the railroad company to recover damages in the sum of $1,100. The jury returned a verdict in favor of plaintiffs in the sum1 of $650. From the judgment based thereon, this appeal is prosecuted.
A reversal is asked upon two grounds. First, the admission of…
2Cases cited12 opinions
- Allen v. . BrownNew York Court of Appeals · 1870
- Perrott v. ShearerMichigan Supreme Court · 1868
- Giselman v. StarrCalifornia Supreme Court · 1895
- Anderson v. MillerTennessee Supreme Court · 1896
- Manley v. ParkSupreme Court of Kansas · 1904
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3Cited by31 opinions
- Anheuser-Busch, Inc. v. StarleyCalifornia Supreme Court · 1946
- American Fidelity & Casualty Co., Inc. v. All American Bus Lines, IncCourt of Appeals for the Tenth Circuit · 1950
- Bryan v. Southern Pacific CompanyArizona Supreme Court · 1955
- Moltz, to Use v. Sherwood Bros., Inc.Superior Court of Pennsylvania · 1934
- Powers v. EllisIndiana Supreme Court · 1952
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