Daily v. Missouri Pacific Railroad

REVISED ORDER OVERRULING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

THEIS, District Judge.

This cause comes on before the Court at this time upon the motion of the defendant for summary judgment. The amended complaint on file herein alleges a cause for both ordinary and exemplary damages to the plaintiff, the undersheriff of Greenwood County, Kansas, who was burned on April 17, 1966, while engaged in fighting a prairie grass fire north of Sallyards, Greenwood County, Kansas, in the performance of his duties, which fire had been caused by sparks from one of defendant’s locomotives as it passed…