Clemens v. Hannibal & St. Joseph R. R.
Supreme Court of Missouri
Appeal from Linn Court of Common Pleas. I. The negligence of the respondent was sufficiently shown to make at least a prima facie cuse. -(Sbearm. and Redf. on Neg., 396, § 333 ; Redf. Railroad., 465 ; 42 111., 407; 45 Mo., 322; 46 Mo., 456.) 13. The damages are not too remote. (Sbearm. and Redf., Neg., 667, 669, §§ 594, 596; Sedgw.
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Appeal from Linn Court of Common Pleas. I. The negligence of the respondent was sufficiently shown to make at least a prima facie cuse. -(Sbearm. and Redf. on Neg., 396, § 333 ; Redf. Railroad., 465 ; 42 111., 407; 45 Mo., 322; 46 Mo., 456.) 13. The damages are not too remote. (Sbearm. and Redf., Neg., 667, 669, §§ 594, 596; Sedgw. Meas, of Dam., Marg., pp. 58 and 59; Sharp vs. Powell, 2 Eng., 587; Kellogg vs; E. E. Go., 26 Wis., 225 ; 53 111., 451; Eent vs. Toledo E. E. Co., 111. Sup. Ct., June 28th, 1872 ; Flynn vs. The San Francisco E. E. Co., 6 Am. E., 595 ; 53 111., 451.) I. The…
1Opinion of the CourtVories, Judge
This action was brought to recover damages for the burning of the plaintiffs fencing and meadows by the carelessness of defendant’s employees.
The petition is in the usual form, charging that the defendant was a corporation owning a railroad running near the plaintiff’s farm, and that while defendant’s locomotive and cars were being run past and near plaintiff’s farm, by the carelessness of the defendant’s servants and agents, having charge of said locomotive and cars, fire was permitted to escape therefrom, which set fire tq plaintiff’s fencing and meadow, by which he was damaged; and he…
2Cases cited9 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Ryan v. . New York Central RailroadNew York Court of Appeals · 1866
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Fitch v. Pacific RailroadSupreme Court of Missouri · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Louisville & Nashville Railroad v. CrunkIndiana Supreme Court · 1889
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Kennon v. GilmerMontana Supreme Court · 1885
- Pennsylvania Co. v. CongdonIndiana Supreme Court · 1893
16 more not listed; retrieve them via the Exa API.