Hudspeth v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Hon. W. S. C. Walker, Judge. (1) The demurrer to the evidence at the close 'of plaintiff’s case should have been sustained; and the peremptory instruction asked by defendant at the close •of all the evidence should have been given, (a) Because there was no proof that sparks or coals of fire were thrown out by defendant’s locomotive engine. <(b) Because there was no evidence that if such coals of fire were thrown out by the engine, they…
Read the full summary
Appeal from Dunklin Circuit Court. — Hon. W. S. C. Walker, Judge. (1) The demurrer to the evidence at the close 'of plaintiff’s case should have been sustained; and the peremptory instruction asked by defendant at the close •of all the evidence should have been given, (a) Because there was no proof that sparks or coals of fire were thrown out by defendant’s locomotive engine. <(b) Because there was no evidence that if such coals of fire were thrown out by the engine, they would be -carried the distance from the track to the barn, and be sufficiently hot to set fire to plaintiff’s hay. Peek v.…
1Opinion of the CourtAllen, J.
This is a suit to recover from de-fendant the value of a lot of hay, belonging to plaintiff, which was destroyed by fire on September 3, 1909, and which the plaintiff alleges was set on fire by sparks escaping from a locomotive engine belonging to defendant, appellant here.
*582The harn in whieh the hay was stored was situated in an open field, 'near no dwelling house, and located approximately two hundred and fourteen yards away from defendant’s track, in Pemiscot county, Missouri. At the point in question, the track of defendant extends nearly east and west, and the bam was located on the north…
2Cases cited10 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Big River Lead Co. v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
- Loring v. GroomerSupreme Court of Missouri · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kennedy v. Minarets & Western Railway Co.California Court of Appeal · 1928
- Anderson v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1963
- W. B. Camp & Sons, Inc. v. Turner Steel Erection Co.California Court of Appeal · 1956
- Dawson v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1917
- Riggins v. Mo. Pac. R.R. Co.Missouri Court of Appeals · 1921
5 more not listed; retrieve them via the Exa API.