Union Pacific Railway Co. v. McCollum
Court of Appeals of Kansas
Memorandum. — Error from Trego district court; Stephen J. Osborn, judge. Action brought by Eli McCollum against The Union Pacific Railway Company to recover damages caused by fire. Judgment for plaintiff. Defendant brings the case here.
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Memorandum. — Error from Trego district court; Stephen J. Osborn, judge. Action brought by Eli McCollum against The Union Pacific Railway Company to recover damages caused by fire. Judgment for plaintiff. Defendant brings the case here. The statement of the case, as made by Gar ver, J., is as follows : On the 14th day'of July, 1892, Eli McCollum commenced this action in the district court of Trego county against The Union Pacific Railway Company, to recover the sum of $765.65 and attorney’s fees, for damages alleged to have been sustained from a fire caused by the negligence of- the railway…
1Opinion of the Court
The opinion of the court was delivered by
Gakveb,, J. :
No question is raised in this court as to the negligent setting out of the fire by the railway company on March 27. The principal contention of plaintiff in error is that the fire set out by the train on that day was not the proximate cause of the injury complained of, but that such injury was directly caused, on the following day, by the intervening agency of a high wind. This contention is thus stated in the brief of plaintiff in error :
“If the Sunday fire was started by an engine, and had burned continuously until it reached plaintiff’s *323…
2Cases cited8 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Louisville, New Albany & Chicago Railway Co. v. NitscheIndiana Supreme Court · 1890
- Poeppers v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
- Florida East Coast Railway Co. v. WelchSupreme Court of Florida · 1907
- Warner v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Miller v. Northern Pacific Railway Co.Idaho Supreme Court · 1913
- St. Louis & San Francisco Railroad v. LeagueSupreme Court of Kansas · 1905