Ordelheide v. Wabash Railroad

Missouri Court of Appeals

Ordelheide v. Wabash Railroad

80 Mo. App. 507, 1899 Mo. App. LEXIS 194

DecidedMay 9, 1899

StatusPublished

This text of 80 Mo. App. 507 (Ordelheide v. Wabash Railroad) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ordelheide v. Wabash Railroad, 80 Mo. App. 507, 1899 Mo. App. LEXIS 194 (Mo. Ct. App. 1899).

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Opinion

BLAND, P. J.

The property described in the petition in this case was personal property contained in the grain-building mentioned in the petition in the case of Ordelheide v. Wabash Railroad Co., No. 7390, and lost by the fire which consumed that building April 6, 1895. It was not the individual property of Ordelheide, but the partnership property of the respondents, who were not parties to the Ordelheide lease, and are not therefore bound by it. As to this property the appellant was an insurer against loss by fire directly or indirectly communicated by its locomotive engines. Walker v. Railway, 68 Mo. App. 465. It being admitted that the fire was communicated by appellant’s locomotive engines, the necessary corollary to this admission, is that appellant’s liability to pay the value of the property is also admitted. Judgment affirmed.

All concur.

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BLAND, P. J.

The property described in the petition in this case was personal property contained in the grain-building mentioned in the petition in the case of Ordelheide v. Wabash Railroad Co., No. 7390, and lost by the fire which consumed that building April 6, 1895. It was not the individual property of Ordelheide, but the partnership property of the respondents, who were not parties to the Ordelheide lease, and are not therefore bound by it. As to this property the appellant was an insurer against loss by fire directly or indirectly communicated by its locomotive engines. Walker v. Railway, 68 Mo. App. 465. It being admitted that the fire was communicated by appellant’s locomotive engines, the necessary corollary to this admission, is that appellant’s liability to pay the value of the property is also admitted. Judgment affirmed.

All concur.

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Bluebook (online)

80 Mo. App. 507, 1899 Mo. App. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ordelheide-v-wabash-railroad-moctapp-1899.

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