Legal Opinion

St. Louis & San Francisco Railway Co. v. Fudge

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 8 opinions

Error from, Greenwood District Court. G. P. Fudge brought an action in the district court of Greenwood county against the St. Louis & San Francisco Railway Company, in which action he filed the following •original petition, omitting title and signature, to wit: “ The plaintiff alleges that the defendant at the time hereinafter mentioned was a duly incorporated railroad company, •doing business in the state of Kansas under and by virtue of the laws of said state, and…

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Error from, Greenwood District Court. G. P. Fudge brought an action in the district court of Greenwood county against the St. Louis & San Francisco Railway Company, in which action he filed the following •original petition, omitting title and signature, to wit: “ The plaintiff alleges that the defendant at the time hereinafter mentioned was a duly incorporated railroad company, •doing business in the state of Kansas under and by virtue of the laws of said state, and operating its railroad through Greenwood county, its right-of-way being 100 feet in width along the line of said road. ' Said…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought in the district court of Greenwood county, by G. P. Fudge against the St. Louis & San Francisco Railway Company, to recover damages for the destruction of certain hay by fire, alleged to have been caused by the negligence of the railway company. The only negligence alleged is stated in the plaintiff’s petition as follows:

“1. Said defendant, contrary to its duty in that regard, carelessly and negligently omitted to keep said right-of-way free and clear from dry and combustible material, but negligently permitted…

2Cases cited2 opinions

  1. Stewart v. BalderstonSupreme Court of Kansas · 1872
  2. Brenner v. BigelowSupreme Court of Kansas · 1871

3Cited by8 opinions

  1. Atchison, Topeka & Santa Fe Railroad v. AyersSupreme Court of Kansas · 1895
  2. Fort Scott, Wichita & Western Railway Co. v. TubbsSupreme Court of Kansas · 1892
  3. Missouri, Kansas & Texas Railway Co. v. GarrisonSupreme Court of Kansas · 1903
  4. McVeigh v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1912
  5. Murry v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1915

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