Bush v. Taylor
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District; W. J. Driver, Judge; 1. The court erred in permitting witnesses to testify as to the occurrence of other fires at different times. 52 C. C. A. 95; 114 Fed. 133; 27 Fla. 1; 15 S. E. 828; 78 N. E. 838; 53 N. E. 1078; 98 Penn. 316; 60 Atl. 581; 70 S. W. 999; 42 N. H. 97; 12 N. Y. Supp. 1046; 76 Id. 171; 67 Hun (N. Y.) 179; 48 S. E. 521; 17 N. W. 132; 78 Pac. 828; 56 Id. 286; 52 Ark. 105. 2. The court erred in instructing the…
Read the full summary
Appeal from Clay Circuit Court, Eastern District; W. J. Driver, Judge; 1. The court erred in permitting witnesses to testify as to the occurrence of other fires at different times. 52 C. C. A. 95; 114 Fed. 133; 27 Fla. 1; 15 S. E. 828; 78 N. E. 838; 53 N. E. 1078; 98 Penn. 316; 60 Atl. 581; 70 S. W. 999; 42 N. H. 97; 12 N. Y. Supp. 1046; 76 Id. 171; 67 Hun (N. Y.) 179; 48 S. E. 521; 17 N. W. 132; 78 Pac. 828; 56 Id. 286; 52 Ark. 105. 2. The court erred in instructing the jury that the measure of damages was the difference in the value of the land immediately before and after the fire. 59 Ark.…
1Opinion of the CourtSmith, J.
The Iron Mountain Railway Company ran certain of its freight trains over the tracks of the Cotton Belt Railway Company through the town of Rector, one of which, according to the contention of appellee, set fire to his mill and destroyed it. On appellee’s part there was proof of the absence of any cause for the fire except from sparks thrown out by a passing engine. It was shown that a heavy train, of seventy or eighty cars, stopped at a tank, at a distance of twenty or thirty car lengths from the mill, to take water, and that fifteen or twenty minutes thereafter the mill was discovered afire,…
2Cases cited13 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Kansas City Southern Railway Co. v. BolesSupreme Court of Arkansas · 1908
- Coale v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Barnes v. YoungSupreme Court of Arkansas · 1964
- Missouri Pacific Railroad v. WoodSupreme Court of Arkansas · 1924
- Powell v. TPI Petroleum, Inc.Court of Appeals for the Eighth Circuit · 2007
- Standridge v. City of Hot SpringsSupreme Court of Arkansas · 1981
- Chicago, Rock Island & Pacific Railroad v. LynchSupreme Court of Arkansas · 1969
11 more not listed; retrieve them via the Exa API.