Wabash v. Farver

Citation12 N.E. 296, 111 Ind. 195
Case DateMay 26, 1887
CourtSupreme Court of Indiana

111 Ind. 195
12 N.E. 296

Wabash, St. L. & P. Ry. Co.
v.
Farver.

Supreme Court of Indiana.

May 26, 1887.


Appeal from circuit court, De Kalb county.


C. B. & W. V. Stuart, for appellant. Charles Emanuel, for appellee.

Mitchell, J.

This action was brought by Farver against the railway company to recover damages for personal injuries alleged to have been sustained by him while lawfully pursuing his way along a public highway in a carriage which was overturned in consequence of his horse having taken fright at a portable steam-engine alleged to have been negligently placed in or near the highway by the company. The confused state of the record makes it difficult to determine whether the case was tried upon one or both the complaints which are copied into the transcript. Although the one filed last is styled an amended complaint, the subsequent proceedings indicate that both were treated as in the record. The case seems to have been tried upon that theory. Counsel are at variance, however, as to this matter, but the view we take of the case makes it quite immaterial whether it be one way or the other. The evidence tends to show, without conflict or substantial dispute, that in September, 1882, the railway company was engaged in constructing a well or reservoir from which to supply a water station on the line of its road near Auburn, Ind. Running water interfered with the work, and it became necessary to cause the accumulating water to be pumped out of the way, so as to prevent it from running into the well or reservoir which was in process of construction. The construction of the well, and laying pipes thence to the water station, had been committed to the charge of a Mr. Kress, an employe of the railway, who, with a force of men under his control, was engaged in providing means to supply the station with water. Williams, who resided in or near Auburn, was the owner of a small portable steam-engine, which he was accustomed to employ in sawing wood, threshing grain, pumping water, and the like, as opportunity offered. He contracted with Kress, for a stipulated per diem, to furnish and operate his engine in pumping, at such times as might be necessary, in order to keep the water from interfering with the work which the latter was constructing. Williams agreed to furnish his engine, and personally superintend the running of it, and to provide and pay for such assistance as he needed in keeping the water from obstructing the progress of the work. If it became necessary that he should run the engine

[12 N.E. 297]

at night, he was to receive extra compensation. In pursuance of this agreement, the latter placed his engine in a vacant lot, some six feet or more outside the line of a public highway which intersected the railway company's line at or near the point where the reservoir was being constructed. So far as appears, he selected the location of the engine, and controlled its operation, as the work he engaged to do required. When the accumulated water was pumped down to a certain level, or when persons were passing on the highway, the engine was stopped; and, when the water rose to a certain height, the pumping was resumed. While Williams was thus engaged in carrying out...

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51 practice notes
  • Stewart v. Cary Lumber Co
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • November 20, 1907
    ...It was in no sense a nuisance, and the jury have found that they were not guilty of any negligence." In Wabash & St. L. Ry. v. Farver, 111 Ind. 195, 12 N. E. 296, 60 Am. Rep. 696, Mitchell, J., discussing the liability for damages caused by frightening a horse by the operation of a portable......
  • Julius Keller Const. Co. v. Herkless, No. 8647.
    • United States
    • Indiana Court of Appeals of Indiana
    • October 7, 1915
    ...rather than as an agent or a servant of the city. Prest-O-Lite Co. v. Skeel, 182 Ind. 593, 106 N. E. 365;Wabash, etc., Co. v. Farver, 111 Ind. 195, 12 N. E. 296, 60 Am. Rep. 696;Vincennes Co. v. White, 124 Ind. 376, 24 N. E. 747;City of Richmond v. Sitterding, 101 Va. 354, 43 S. E. 562, 65 ......
  • Coul v. Peck Dry Goods Co., No. 28129.
    • United States
    • Missouri Supreme Court
    • December 1, 1930
    ...99 N.Y. Supp. 525; Aldrich v. Tyler Gro. Co., 89 So. (Ala.) 289, 17 A.L.R. 617; Harrison v. Collins, 86 Pa. St. 153; Wabash v. Farver, 111 Ind. 195; Foster v. Wadsworth-Howland Co., 168 Ill. 514; Chicago Brick Co. v. Campbell, 116 Ill. App. 322; Emmerson v. Fay, 94 Va. 60; Hexamer v. Webb, ......
  • West v. National Mines Corp., No. 14916
    • United States
    • Supreme Court of West Virginia
    • December 18, 1981
    ...& F. R. Co. v. Kimberly, 87 Ga. 161, 13 S.E. 277 (1891); Scammon v. Chicago, 25 Ill. 424 (1861); Wabash St. L. & P. R. Co. v. Farver, 111 Ind. 195, 12 N.E. 296 (1887); Shannon v. Missouri Valley Limestone Co., supra; Baumeister v. Markham, 101 Ky. 122, 39 S.W. 844 (1897); Davie v. Levy, 39 ......
  • Request a trial to view additional results
57 cases
  • Stewart v. Cary Lumber Co
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • November 20, 1907
    ...It was in no sense a nuisance, and the jury have found that they were not guilty of any negligence." In Wabash & St. L. Ry. v. Farver, 111 Ind. 195, 12 N. E. 296, 60 Am. Rep. 696, Mitchell, J., discussing the liability for damages caused by frightening a horse by the operation of a portable......
  • Julius Keller Const. Co. v. Herkless, No. 8647.
    • United States
    • Indiana Court of Appeals of Indiana
    • October 7, 1915
    ...rather than as an agent or a servant of the city. Prest-O-Lite Co. v. Skeel, 182 Ind. 593, 106 N. E. 365;Wabash, etc., Co. v. Farver, 111 Ind. 195, 12 N. E. 296, 60 Am. Rep. 696;Vincennes Co. v. White, 124 Ind. 376, 24 N. E. 747;City of Richmond v. Sitterding, 101 Va. 354, 43 S. E. 562, 65 ......
  • Coul v. Peck Dry Goods Co., No. 28129.
    • United States
    • Missouri Supreme Court
    • December 1, 1930
    ...99 N.Y. Supp. 525; Aldrich v. Tyler Gro. Co., 89 So. (Ala.) 289, 17 A.L.R. 617; Harrison v. Collins, 86 Pa. St. 153; Wabash v. Farver, 111 Ind. 195; Foster v. Wadsworth-Howland Co., 168 Ill. 514; Chicago Brick Co. v. Campbell, 116 Ill. App. 322; Emmerson v. Fay, 94 Va. 60; Hexamer v. Webb, ......
  • West v. National Mines Corp., No. 14916
    • United States
    • Supreme Court of West Virginia
    • December 18, 1981
    ...& F. R. Co. v. Kimberly, 87 Ga. 161, 13 S.E. 277 (1891); Scammon v. Chicago, 25 Ill. 424 (1861); Wabash St. L. & P. R. Co. v. Farver, 111 Ind. 195, 12 N.E. 296 (1887); Shannon v. Missouri Valley Limestone Co., supra; Baumeister v. Markham, 101 Ky. 122, 39 S.W. 844 (1897); Davie v. Levy, 39 ......
  • Request a trial to view additional results

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