Riggins v. Missouri Pacific Railroad
Missouri Court of Appeals
Appeal from the Ripley Circuit Court. — Hon. Almon Ing, Judge. (1) The court erred in permitting witnesses for the respondent to testify to fires which they observed the next morning after the fire and after the railroad train had passed by the house, and also as to fires at another time supposed to have been set by the railroad engine; without first requiring the plaintiff to show that the conditions existed at the time the other fires originated 'as to wind, the weather…
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Appeal from the Ripley Circuit Court. — Hon. Almon Ing, Judge. (1) The court erred in permitting witnesses for the respondent to testify to fires which they observed the next morning after the fire and after the railroad train had passed by the house, and also as to fires at another time supposed to have been set by the railroad engine; without first requiring the plaintiff to show that the conditions existed at the time the other fires originated 'as to wind, the weather and surrounding circumstances, such as to train going up or down grade. Fritz v. Railroad, 243 Mo. 62, 80. . (2) The court…
1Opinion of the CourtBradley, J.
— Plaintiffs, husband and wife, sued to recover for the loss of their house and contents alleged to have been set on fire by sparks from a locomotive engine of defendant. The cause was tried to a jury and plaintiffs recovered. Unsuccessful in motion for new trial, defendant appealed.
The evidence is wholly circumstantial. Plaintiffs’ house, a four room frame, stood on the east side and about 260 feet from defendant’s track. There was a low or valley like place between the track and the house. The house stood on a hillside, but the railroad track was somewhat higher than the foundation of the…
2Cases cited12 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Big River Lead Co. v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
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