Fields v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Now. James Gibson, Judge. (1) A verdict will not be permitted to stand unless it be supported by substantial evidence. Blumentbal v. Torini, 40 Mo. 159; Rea v. Ferguson, 72 Mo'. 225; Crane v. Timberlake, 81 Mo. 481; Avery v. Fitzgerald, 94 Mo. 207; Long v. Moon, 107 Mo. 334; McFarland v. Accident Assn., 124 Mo. 204; State v. Bryant, 134 Mo. 246; Hewitt v. Steele, 136 Mo. 327; Cole y. Armour, 154 Mo. 333; Ashley y. Green, 38 Mo.
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Appeal from Jackson Circuit Court. — Now. James Gibson, Judge. (1) A verdict will not be permitted to stand unless it be supported by substantial evidence. Blumentbal v. Torini, 40 Mo. 159; Rea v. Ferguson, 72 Mo'. 225; Crane v. Timberlake, 81 Mo. 481; Avery v. Fitzgerald, 94 Mo. 207; Long v. Moon, 107 Mo. 334; McFarland v. Accident Assn., 124 Mo. 204; State v. Bryant, 134 Mo. 246; Hewitt v. Steele, 136 Mo. 327; Cole y. Armour, 154 Mo. 333; Ashley y. Green, 38 Mo. App. 292; Kehoe y. Phillipi, 42 Mo. App. 292; Heintz y. Mertz, 58 M'o. App. 405. (2) Where a verdict is against every reasonable…
1Opinion of the CourtBroaddus, P. J.
— This is a suit for damages for the destruction of plaintiff’s bam and hay therein by fire alleged to have been started by sparks emitted from one of defendant’s locomotive engines. The fire occurred at about 5:30 p. m., October 27,1903, near Lee’s Summit, Mo.
The testimony shows that the barn in question was situated on the west side and about 850 feet from defendant’s tracks which ran nearly north and south'with reference to said barn. No one testified seeing the sparks communicated to the barn. There was evidence that a freight train passed about 4 o’clock p. m.; and other evidence that no…
2Cases cited5 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Torpey v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
- Peffer v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
3Cited by3 opinions
- Evansville Metal Bed Co. v. LogeIndiana Court of Appeals · 1908
- Stephens v. Fire Ass'nMissouri Court of Appeals · 1909
- Waddell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910