Grant v. Omaha, K. C. & E. R. Co.

• Decision Date: 29 April 1902
• Citation: 94 Mo. App. 312,68 S.W. 91
• Parties: GRANT v. OMAHA, K. C. & E. R. CO. et al.<SMALL><SUP>1</SUP></SMALL>
• Court: Missouri Court of Appeals

68 S.W. 91

94 Mo. App. 312

GRANT v. OMAHA, K. C. & E. R. CO. et al.¹

Court of Appeals of St. Louis, Missouri.

April 29, 1902.

RAILROADS — FIRES — NEGLIGENCE — ACTION AGAINST RECEIVERS.

1. It was negligence for a railroad company to light a fire on its right of way running through plaintiff's land, at a time when it was very dry and there was a high wind blowing.

2. An action may, with the permission of the court, be maintained against the receivers of a railroad company for injuries caused by fire escaping from its right of way onto plaintiff's land, though the cause of action accrued before they were appointed.

Appeal from circuit court, Knox county; Edwin R. McKee, Judge.

Action by Abram S. Grant against the Omaha, Kansas City & Eastern Railroad Company and others for injuries caused by fire escaping from the right of way onto plaintiff's land. Judgment for plaintiff, and defendants appeal. Affirmed.

J. G. Trimble, for appellants.

BLAND, P. J.

The petition alleges that the Omaha, Kansas City & Eastern Railroad Company is in the hands of Charles Chapman and James Hopkins, as receivers, by order of the United States circuit court of the Western district of Missouri, made January 7, 1900; that plaintiff has obtained an order from the judge of said circuit court permitting him to bring this suit. For cause of action the petition alleges, in substance, that on the 10th day of October, 1899, prior to the appointment of the receivers, and while the defendant company was operating the road, by the negligence of its agents, employés and section hands fire was permitted to escape from the right of way of said road onto plaintiff's abjoining land, by reason whereof the grass and grass roots of his meadow land were destroyed, to his damage in the sum of $30, and 10 tons of hay in stacks, of the value of $70, were also burned up and destroyed. Defendants Campbell and Hopkins answered for themselves, admitting that they were receivers of the property of the road, and denied every other allegation of the petition, and alleged that they were not necessary or appropriate parties to the suit. A trial was had to the court without a jury. The court found for the plaintiff, and assessed his damages at $100, and rendered judgment against the receivers, to be paid out of the property or earnings of the defendant company. It was admitted on the trial that the plaintiff had received from the judge of the United States circuit court for the Western district of...