Wabash Railroad v. Lackey
Indiana Court of Appeals
From St. Joseph Circuit Court; W. A. Funk, Judge. Action hy Mary A. Lackey and others against the Wabash Railroad Company. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtRobiwsoh, J.
Suit by appellees for damages from fire alleged to have escaped from appellant’s right of way to appellees’ premises. The amended complaint is in three paragraphs. The first avers that appellees’ lands adjoin the land of one Shultz, through whose land the road runs; that appellant had carelessly permitted dry grass, weeds, and other combustible material to accumulate on its right of way; that it negligently set fire to this material with sparks from an engine; that it negligently permitted the fire to escape from its right of'way to the lands of Shultz; “that the fire so set out by the…
2Cases cited7 opinions
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. HixonIndiana Supreme Court · 1881
- Louisville, New Albany & Chicago Railway Co. v. KrinningIndiana Supreme Court · 1882
- Louisville, New Albany & Chicago Railway Co. v. EhlertIndiana Supreme Court · 1882
- Pittsburgh, Cincinnati & St. Louis R. W. Co. v. CulverIndiana Supreme Court · 1878
- Louisville, New Albany & Chicago Railway Co. v. HanmannIndiana Supreme Court · 1882
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3Cited by1 opinion
- Daly v. GubbinsIndiana Court of Appeals · 1905