Legal Opinion

Torpey v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided January 6, 1896PublishedCited by 11 opinions

Appeal from the Jaclcson Circuit Court. — Hon. John W. Henry, Judge. (1) The plaintiff is entitled to every reasonable inference of fact in his favor that can be drawn from the evidence. Jaclcson v. Ins. Co., 27 Mo. App. 62; Grant v. Bailroad, 25 Mo. App. 227; Higgins v. Bail-road, 43 Mo. App. 547; Field v. Bailroad, 46 Mo. App. 449; Herboth v. Gaal, 47 Mo. App. 225; Voegeli v. Marble & Granite Co., 56 Mo. App. 678; Obandman v. Boon, 10 Mo.

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Appeal from the Jaclcson Circuit Court. — Hon. John W. Henry, Judge. (1) The plaintiff is entitled to every reasonable inference of fact in his favor that can be drawn from the evidence. Jaclcson v. Ins. Co., 27 Mo. App. 62; Grant v. Bailroad, 25 Mo. App. 227; Higgins v. Bail-road, 43 Mo. App. 547; Field v. Bailroad, 46 Mo. App. 449; Herboth v. Gaal, 47 Mo. App. 225; Voegeli v. Marble & Granite Co., 56 Mo. App. 678; Obandman v. Boon, 10 Mo. M3; McKown v. Craig, 39 Mo. 156; Kelley v. Bailroad, 70 Mo. 604; Charles v. Patch, 87 Mo. 450; Noeninger v. Vogt, 88 Mo. 589; Twohey v. Fruin, 96 Mo. 104;…

1Opinion of the CourtEllison, J.

This is an action for damages for the burning of a house belonging to plaintiff, alleged to have been caused by fire escaping from one of defendant’s engines. The fire occurred at 7:40 to 7:45 o’clock on the evening of the fourth day of January, 1894. The house in question was located about forty feet east of the defendant’s passenger depot at the city of Independence. The passenger depot is from seventy-five to one hundred feet long. The defendant’s railway consists of two branches from Independence, one of them being known as the Lexington branch, and the other as the main line. The track…

2Cases cited1 opinion

  1. Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879

3Cited by11 opinions

  1. Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
  2. Big River Lead Co. v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
  3. Peffer v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
  4. Brooks v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
  5. Brosius v. Sunflower Lead & Zinc Co.Missouri Court of Appeals · 1910

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