Walker v. Missouri Pacific Railway Co.

Citations

• 95 Kan. 702
• 149 P. 677
• 1915 Kan. LEXIS 278

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroad — Train Obstructing Public Street — Delaying Fire Department- — -Liability of Railroad for Fire Loss. Where the ordinances of a city prohibit railroads from blocking or obstructing any street for more than five minutes, and entirely prohibit stopping engines, cars or trains on certain streets, and where a train is stopped on one of the last-mentioned streets for the purpose of repairing the brake rigging on an engine which, without negligence on the part of the railroad, is broken and dragging on the track and likely to derail the train, and the fire department of the city, unknown to the trainmen, is delayed three or four minutes in crossing the railroad track on this street, and as a result property is consumed by fire, the railroad is not liable for the loss, if it pulls its train off the street as soon as it can after it is notified that the fire department desires to cross the track.</p> <p>2. Same- — Cities by Ordinance May Prohibit Trains from Blocicing Public Streets. Under section 1281 of the General Statutes of 1909, cities of the first class having a commission form of government have power to enact ordinances prohibiting trains from blocking certain streets at any time, and from blocking any street for more than five minutes at one time.</p>