St. Louis & San Francisco Railroad v. League

Citations

• 71 Kan. 79
• 80 P. 46
• 1905 Kan. LEXIS 94

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury by Fire. A fire negligently started in the night-time by a railroad company extended to plaintiff’s premises, and he and others fought and partially subdued but did not extinguish it. After watching the fire for some time, and taking certain precautions to prevent its further spread, plaintiff, believing the danger was past, retired, after which the fire broke out anew and destroyed considerable property.. Held, that it cannot be said, as a matter of law, that the original negligence in starting the fire was not the proximate cause of the final burning and loss.</p> <p>2. -Proximate Cause. The fact that there was a temporary arrest and cessation of the fire cannot be regarded as a new and independent cause of the burning and loss of plaintiff’s property, nor can it be said that the final loss was outside of the bounds of reasonable anticipation as a result of the primary negligence.</p> <p>3. - Question for the Jury. After the fire was discovered it was the duty of the plaintiff to exercise due care by using reasonable means to extinguish the fire and protect his property, and where he made efforts to stay the progress of the fire and mistakenly supposed that the guards made and precautions taken were sufficient, and that the danger was past, the question whether he exercised due care was one peculiarly for the determination of a jury.</p>