Legal Opinion

Tribette v. Illinois Central Railroad

Mississippi Supreme Court

Decided October 15, 1893PublishedCited by 9 opinions

From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. The facts illustrating the main question passed on by the court are sufficiently stated in the opinion. The evidence of the witnesses, Fitzhugh, Downing and Hester, the admission of which is held to be error, was to the effect that at various occasions about the time' of the fire they had seen sparks emitted from engines of the defendant, which flew over adjacent buildings.

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From the circuit court of the first district of Hinds county. Hon. J. B. Chrisman, Judge. The facts illustrating the main question passed on by the court are sufficiently stated in the opinion. The evidence of the witnesses, Fitzhugh, Downing and Hester, the admission of which is held to be error, was to the effect that at various occasions about the time' of the fire they had seen sparks emitted from engines of the defendant, which flew over adjacent buildings. The engines were not shown to be either of those in controversy here. One Covington,.a witness for plaintiff, was permitted, over…

1Opinion of the CourtWoods, J.

This is a suit brought by the appellant for damages resulting from the destruction of buildings of appellant, in the town of Terry, by fire communicated from the burning cotton stored upon appellee’s railway platform, the allegation being that the cotton was ignited by sparks thrown out by appellee’s locomotive, negligently. The declaration avers with particularity that the appellee negligently permitted the accumulation of a large lot of cotton, iu bales, at its depot, on an open platform, with no inclosing walls, and with an inflammable roof of pine boards; with no tarpaulins or other…

2Cited by9 opinions

  1. Finkelston v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
  2. Kurn v. FondrenMississippi Supreme Court · 1940
  3. Yazoo M.R. Co. v. PittmanMississippi Supreme Court · 1934
  4. Yazoo & Mississippi Valley Railroad v. HumphreyMississippi Supreme Court · 1903
  5. Hercules Powder Co. v. WolfMississippi Supreme Court · 1927

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