Kansas City Southern Railway Co. v. Harris
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Daniel Hon, Judge on exchange; 1. There is no evidence in the cause that warrants the submission of the case to the jury.
Read the full summary
Appeal from Polk Circuit Court; Daniel Hon, Judge on exchange; 1. There is no evidence in the cause that warrants the submission of the case to the jury. Before appellee can recover under the act of 1907, it must appear that the fire originated from the operation of defendant’s trains. 97 Ark. 287. The evidence is not sufficient to show any connection between the fire which sprung up between 6 o’clock and 7 o’clock (which was completely extinguished by the witness Williams) and the fire which destroyed plaintiff’s property at 2 o’clock the next morning. 42 Pac. 602; 100 S. W. 504; 71-S. W.…
1Opinion of the CourtWood, J.
This suit was brought by appellee against appellant to recover damages for the alleged destruction of certain lumber and other property which appellee alleged in his complaint was destroyed by fire from one of appellent’s engines while the same was being operated on appellant’s railroad in Polk County, Arkansas, on April 19, 1910.
The answer denied all the material allegations of the complaint. There was no specific plea of contributory negligence. Verdict and judgment were in favor of the appellee in the sum of $1,102.80, from which this appeal has been duly prosecuted.
The testimony stated…
2Cases cited2 opinions
- Peter v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1899
- Evins v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
3Cited by4 opinions
- Valley Lumber Co. v. Westmoreland Bros.Supreme Court of Arkansas · 1923
- Cairo, Trumann & Southern Railroad v. BrooksSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. Cooper & RossSupreme Court of Arkansas · 1915
- Union Seed & Fertilizer Co. v. St. Louis, Iron Mountain & Southern Ry. Co.Supreme Court of Arkansas · 1916