St. Louis, Iron Mountain & Southern Railway Co. v. Coombs
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY THE COURT. Appellee Coombs was the owner of a cotton compress plant, consisting of building and machinery in the city of Batesville, near the track of appellant’s railroad, which was destroyed by fire on May 5, 1902, between 3 and 4 o’clock in the afternoon.
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Appeal from Independence Circuit Court. Frederick D. Fulkerson, Judge. STATEMENT BY THE COURT. Appellee Coombs was the owner of a cotton compress plant, consisting of building and machinery in the city of Batesville, near the track of appellant’s railroad, which was destroyed by fire on May 5, 1902, between 3 and 4 o’clock in the afternoon. It was not then in operation as a compress, and had a dot of hay stored in the building, some of it scattered loose over the floor, and there were cracks about two inches wide in the walls. The property was insured in the sum of $1,200 against loss by fire…
1Opinion of the Court
McCuuuoch, J.,
(after stating the facts.) Appellant challenged the sufficiency of the evidence to support a verdict for plaintiffs by a request to the court for a peremptory instruction in its favor. ■ •
The plaintiffs introduced several witnesses who testified that a short while before the building was discovered to be on fire (the precise time, according to these witnesses, varies from ten to twenty minutes) they saw the engine pass near the building. This is denied by the engineer and brakeman, who testified that they did not go down the track as far as the compress building; that day; but…
2Cases cited8 opinions
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Barron v. EldredgeMassachusetts Supreme Judicial Court · 1868
- Hagan v. Chicago, Detroit & Canada Grand Trunk Junction RailroadMichigan Supreme Court · 1891
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- Burud v. Great Northern Railway Co.Supreme Court of Minnesota · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Tennessee Cent. Ry. Co. v. McCowan Et Ux.Court of Appeals of Tennessee · 1945
- Gulf Compress Co. v. HarringtonSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1906
- Florida East Coast Railway Co. v. WelchSupreme Court of Florida · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
15 more not listed; retrieve them via the Exa API.