Kansas City Southern Railway Co. v. Wilson
Supreme Court of Arkansas
Appeal from Little Biver Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. H. B. Wilson instituted this action against the Kansas City Southern Bailway Company to recover damages for the negligence of the defendant’s servants ,in permitting fire to escape from its right-of-way, whereby his-pasture was burned and destroyed.
Read the full summary
Appeal from Little Biver Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. H. B. Wilson instituted this action against the Kansas City Southern Bailway Company to recover damages for the negligence of the defendant’s servants ,in permitting fire to escape from its right-of-way, whereby his-pasture was burned and destroyed. The plaintiff had leased the land on which the pasture was (burned; subsequently the owners of the land were also made parties to the action. The facts are as follows: On the 21st day of October, 1911, H. B.- Wilson leased a tract of land in Little River…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is contended by counsel for the defendant that there is not sufficient evidence to support the verdict. The testimony on the part of the plaintiff shows that some section men were engaged in (burning off the right-of-way of the railroad on the Friday before the fire occurred. This the railroad company was legally entitled to -do. The liability of the defendant to the plaintiff for the destruction by fire of its pasture and fence depends, first, upon the proof whether it resulted from its act, and, second, whether the fire resulted from the negligence of…
2Cited by5 opinions
- Bush v. TaylorSupreme Court of Arkansas · 1917
- Missouri Pacific Railroad Co. v. BenhamSupreme Court of Arkansas · 1936
- Clark v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1918
- Kansas City Southern Railway Co. v. CecilSupreme Court of Arkansas · 1926
- Fort Smith, Subiaco & Rock Island Railroad v. HumphreySupreme Court of Arkansas · 1931