Tuttle v. Missouri Pacific Railway Co.

Citations

• 86 Kan. 28
• 119 P. 370
• 1911 Kan. LEXIS 174

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Fire — Evidence — Other Fires. In an action against a railway company for damages by fire alleged to have been caused by the operation of the road, proof of other fires along the right of way occurring at or near the same time under similar conditions is competent as a circumstance tending to show not only that the railway company was negligent in the operation of its road, but also as tending to show that the fire complained of was caused in the manner alleged.</p> <p>2. Evidence — Burden of Proof — Instructions. In a case like the one mentioned it is error to instruct the jury that “evidence on the part of the defendant that its engine and appliances were in perfect condition and that the engine was handled in a careful and skillful manner by a competent engineer and fireman overcomes the ‘prima facie” evidence of the plaintiffs, and that “in order to entitle the plaintiff to recover he must show by affirmative evidence tó your satisfaction that the defendant was negligent.”</p>