Thirlwell v. Hines

Citations

• 108 Kan. 700
• 196 P. 1068
• 1921 Kan. LEXIS 247

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Building Spur Track — Contract Exempting Railroad from Liability for Negligence — Contract Valid. A certain contract involved herein by the terms of which the railroad company built a spur track for the plaintiff on condition that it be relieved from liability for injury to or destruction of property “owned, possessed or stored by consent of the shipper near said track, caused by fire set out from a locomotive,” held not invalid as against public policy, following Grain Co. v. Railway Co., 94 Kan. 590, 146 Pac. 1134.</p> <p>2. Same. The property destroyed being owned and located by the plaintiff near such spur track, it is held that the railroad company is not liable for damages caused by a fire set out by its locomotive on the main track in that immediate vicinity.</p> <p>3. Same. The plaintiff having by such contract precluded himself from recovery, an error in the instructions did not entitle him to a new trial.</p>