Missouri, Kansas & Texas Railway Co. v. Davis

Supreme Court of Kansas

Missouri, Kansas & Texas Railway Co. v. Davis

90 P. 1133, 77 Kan. 796, 1907 Kan. LEXIS 175

CourtSupreme Court of Kansas

DecidedJune 8, 1907

DocketNo. 15,103

StatusPublished

This text of 90 P. 1133 (Missouri, Kansas & Texas Railway Co. v. Davis) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Missouri, Kansas & Texas Railway Co. v. Davis, 90 P. 1133, 77 Kan. 796, 1907 Kan. LEXIS 175 (kan 1907).

Pincite

Opinion

Per Curiam:

This action was brought by Arthur W. Davis against the Missouri, Kansas & Texas Railway Company for the negligent firing and burning of buildings adjacent to the railroad, for which the plaintiff recovered.

The sufficiency of the proof is challenged. There is testimony to the effect that the locomotive which was being operated near the buildings threw out sparks and coals from which fires were started at other places on the same day. A car was derailed in close proximity to the buildings, and in a strenuous effort to pull the car. back on the track the engine blew out a great many live coals and cinders, throwing them considerable distance, and while they were- falling the fire on the roof of the building was discovered.

There is abundant testimony that the fire that burned the buildings was started from the locomotive, and that it was negligently done. There is no good reason to complain of the instructions in regard to contributory negligence nor in regard to the burden of proof. The findings appear to be supported by the testimony and justify the verdict that was given.

No reason is seen for a reversal, and the judgment is affirmed.

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Per Curiam:

This action was brought by Arthur W. Davis against the Missouri, Kansas & Texas Railway Company for the negligent firing and burning of buildings adjacent to the railroad, for which the plaintiff recovered.

The sufficiency of the proof is challenged. There is testimony to the effect that the locomotive which was being operated near the buildings threw out sparks and coals from which fires were started at other places on the same day. A car was derailed in close proximity to the buildings, and in a strenuous effort to pull the car. back on the track the engine blew out a great many live coals and cinders, throwing them considerable distance, and while they were- falling the fire on the roof of the building was discovered.

There is abundant testimony that the fire that burned the buildings was started from the locomotive, and that it was negligently done. There is no good reason to complain of the instructions in regard to contributory negligence nor in regard to the burden of proof. The findings appear to be supported by the testimony and justify the verdict that was given.

No reason is seen for a reversal, and the judgment is affirmed.

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Bluebook (online)

90 P. 1133, 77 Kan. 796, 1907 Kan. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/missouri-kansas-texas-railway-co-v-davis-kan-1907.