Mobile & Ohio Railroad v. Stinson
Mississippi Supreme Court
From the circuit court of Clay county. This suit was brought by appellee to recover damages from the railroad company for the destruction, by fire, of a large number of pecan trees.
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From the circuit court of Clay county. This suit was brought by appellee to recover damages from the railroad company for the destruction, by fire, of a large number of pecan trees. The evidence showed that the railroad right of way and appellee’s adjoining pecan grove were both covered with tall grass and weeds, which were highly combustible; that on quite a windy day the railroad section foreman, for the purpose of clearing the same, set fire to the grass and weeds on the right of way, from which the fire spread and destroyed the trees for which the suit was brought; that the fire…
1Opinion of the CourtWoods, C. J.
When Page, the section master, made the statement to the *457witness, Paine, as to the origin of the fire, which partially destroyed the pecan grove of appellee, the conflagration was then raging, and it was a declaration explaining other parts of the act of the destruction of the grove, of which it was itself a part. The injury complained of was the burning of the grove, on account of the carelessness of the appellant’s servants in setting out fire on the right of way of the railroad, and any declaration made by the section master, the servant who set out the fire, as to the origin or progress…
2Cases cited2 opinions
- Mississippi Home Insurance v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1892
- Yazoo & Mississippi Valley Railroad v. JonesMississippi Supreme Court · 1895
3Cited by5 opinions
- Memphis Steam Laundry-Cleaners, Inc. v. LindseyMississippi Supreme Court · 1941
- Jefferis v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1910
- Baldwin's v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1909
- Mobile & Ohio Railroad v. KeithCourt of Appeals of Tennessee · 1927
- Wofford v. JohnsonMississippi Supreme Court · 1964