St. Louis, Iron Mountain & Southern Railway Co. v. Greeson
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. The evidence does not support the verdict, in that it is not shown that any of appellant’s engines were throwing sparks. While under the statute, Acts 1907, p. 336, it is no longer necessary to prove that the company was negligent in the equipment or operation of its trains, it is necessary, in order to maintain an action of this character, to prove that it actually set out the fire.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. The evidence does not support the verdict, in that it is not shown that any of appellant’s engines were throwing sparks. While under the statute, Acts 1907, p. 336, it is no longer necessary to prove that the company was negligent in the equipment or operation of its trains, it is necessary, in order to maintain an action of this character, to prove that it actually set out the fire. Some, proof, direct or circumstantial, that the fire was set out by the engine is essential; and to support the conclusion that the fire was set out by…
1Opinion of the CourtWood, J.
This is a suit by the appellee for damages alleged to have been caused by the negligent burning of a sawmill owned by appellee at Prescott, Arkansas, on November 22, 1908. It is alleged in the complaint that the sawmill was situated near appellant’s line of railroad, and that same was set on fire from sparks and burning cinders escaping and emitting from one of the appellant’s engines.
The defendant answered, denying the allegations of the complaint.
The only question in the case, as conceded by appellant, is as to whether or not the evidence was sufficient to sustain the verdict of the jury.
We…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CoombsSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1906
- Byers v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
- St. Louis Southwestern Railway Co. v. TrotterSupreme Court of Arkansas · 1909
- Gulf, C. & S. F. Ry. Co. v. CurryCourt of Appeals of Texas · 1911
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