Connecticut Fire Insurance v. Chester, Perryville & Ste. Genevieve Railroad
Missouri Court of Appeals
Appeal from Ste. Genevieve Circuit Court. — Hon. Peter H. Huele, Judge. (1) The demurrers to the evidence should have been sustained, (a) Defendant’s evidence tending to show the true source of the fire to be other than an engine requires that plaintiff’s circumstantial evidence be of the strongest character. Brooks v. Railroad, 98 Mo. 106; Torpey v. Railroad, 64 Mo.. 382; Peck v. Railroad, 31 Mo. App. 123; Peffer v. Railroad, 98 Mo. App. 292; Gibbs v. Railroad, 104 Mo.
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Appeal from Ste. Genevieve Circuit Court. — Hon. Peter H. Huele, Judge. (1) The demurrers to the evidence should have been sustained, (a) Defendant’s evidence tending to show the true source of the fire to be other than an engine requires that plaintiff’s circumstantial evidence be of the strongest character. Brooks v. Railroad, 98 Mo. 106; Torpey v. Railroad, 64 Mo.. 382; Peck v. Railroad, 31 Mo. App. 123; Peffer v. Railroad, 98 Mo. App. 292; Gibbs v. Railroad, 104 Mo. App. 276; Bank v. Railroad, 98 Mo. App. 336; Hallon v. Fuel and Light Co., 105 S. W. 428; Wright v. Railroad, 107 Mo. App.…
1Opinion of the CourtReynolds, P. J.
This is an action for damages alleged to have been sustained by one George. *76Maddock, in consequence of the destruction by fire of a dwelling and outbuilding owned by Maddock, tbe fire, it is alleged, having been communicated to the buildings from sparks thrown out by an engine of the defendant. Maddock, the owner, carried insurance on the property. After the fire 'he was paid $5-58.85 by the insurance company on the loss. Whereupon he assigned his claim for damages against the railroad company for the loss to the insurance, company, plaintiff below, respondent here. It is by virtue of this…
2Cases cited6 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- White v. ChaneyMissouri Court of Appeals · 1886
- Williams' Admr. v. WilliamsSupreme Court of Missouri · 1878
- Wheeler & Wilson Manufacturing Co. v. TinsleySupreme Court of Missouri · 1882
- City of Joplin ex rel. McKee v. FreemanMissouri Court of Appeals · 1907
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3Cited by2 opinions
- Gottschall v. GeigerMissouri Court of Appeals · 1921
- The Senaca Co. v. EllisonMissouri Court of Appeals · 1919