Legal Opinion

Central Branch Union Pacific Railroad v. Hotham

Supreme Court of Kansas

Decided January 15, 1879PublishedCited by 15 opinions

Error from Atchison District Court. Action brought by James C. Hotham against the Central Branch Union Pacific Railroad Company, to recover damages alleged to have been sustained through the negligence of the railroad company in permitting sparks to escápe from its engine, whereby certain hay belonging to Hotham, stacked near the railroad track, was burned and destroyed.

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Error from Atchison District Court. Action brought by James C. Hotham against the Central Branch Union Pacific Railroad Company, to recover damages alleged to have been sustained through the negligence of the railroad company in permitting sparks to escápe from its engine, whereby certain hay belonging to Hotham, stacked near the railroad track, was burned and destroyed. Trial at June Term, 1877, before a jury, which, under the direction of the court, returned, a verdict for Hotham for $130. The court entered judgment for the plaintiff on said verdict. The Railroad Company now seeks a…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought by James C. Hotham against the Central Branch Union Pacific Railroad Company, to recover damages alleged to have been sustained through the negligence of the railroad company in permitting sparks to escape from its engines, whereby certain hay belonging to EEotham, stacked near the railroad track, was burned and destroyed. Judgment was rendered in the court below in favor of Hotham, and against the railroad company, for *47$130; and the railroad company now brjngs the case to this court for review.

Every question of…

2Cases cited19 opinions

  1. Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  2. Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
  3. Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1872
  4. Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
  5. Longabaugh v. Virginia City & Truckee RailroadNevada Supreme Court · 1874

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3Cited by15 opinions

  1. Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GramesIndiana Supreme Court · 1893
  2. Willfong v. Omaha & St. Louis RailroadSupreme Court of Iowa · 1902
  3. Central Branch Union Pacific Rld. v. HenighSupreme Court of Kansas · 1880
  4. Redington v. Pac. Postal Tel. Cable Co.California Supreme Court · 1895
  5. Atchison, Topeka & Santa Fé Railroad v. Smith ex rel. SmithSupreme Court of Kansas · 1882

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