Legal Opinion

Fort Scott, Wichita & Western Railroad v. Karracker

Supreme Court of Kansas

Decided January 15, 1891PublishedCited by 9 opinions

Error from Greenwood District Court. This was an action brought in the district court of Greenwood county by C. Karracker against the Fort Scott, Wic¡dta & Western Railroad Company, to recover damages for the destruction by fire of a certain amount of prairie hay, flax straw, fence wire and fence posts belonging to the plaintiff, of the alleged value, in the aggregate, of $404. The fire was alleged to have been caused by the railroad company on November 15, 1887, by reason…

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Error from Greenwood District Court. This was an action brought in the district court of Greenwood county by C. Karracker against the Fort Scott, Wic¡dta & Western Railroad Company, to recover damages for the destruction by fire of a certain amount of prairie hay, flax straw, fence wire and fence posts belonging to the plaintiff, of the alleged value, in the aggregate, of $404. The fire was alleged to have been caused by the railroad company on November 15, 1887, by reason of its negligent operation of its railroad. The plaintiff prayed judgment for the aforesaid sum of $404, and for costs of…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

1. Instruction when harmless. It is claimed that the court below erred in giving an instruction to the jury relating to the railroad company’s permitting dry grass, weeds and other combustible material to accumulate upon its right-of-way. This instruction was perhaps inapplicable under the facts of this case and therefore improper, but we do not think it could have prejudiced any of the substantial rights of the defendant railroad company in any particular. The jury found with reference to this matter as follows:

“10. Did the defendant…

2Cases cited3 opinions

  1. Missouri Pacific Railway Co. v. MerrillSupreme Court of Kansas · 1888
  2. Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
  3. Missouri Pacific Railway Co. v. AbneySupreme Court of Kansas · 1883

3Cited by9 opinions

  1. Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
  2. Thomas v. Kansas City Southern Railway Co.Supreme Court of Kansas · 1966
  3. St. Louis & San Francisco Railway Co. v. SnaveleySupreme Court of Kansas · 1892
  4. Kansas Wheat Growers Ass'n v. RowanSupreme Court of Kansas · 1928
  5. Andrews v. Union Pacific RailroadSupreme Court of Kansas · 1916

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