Markt v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from Holt Circuit Court. — Son. 'William C. Ellison, Judge. The court erred in refusing defendant’s demurrer offered at the close of plaintiff’s case and again at the close of all the evidence. Gibbs v. Railroad, 104 Mo. App. 276; Manning v. Railroad, 119 S. W. 464; Campbell v. Railroad, 121 Mo. 340; Erhart v. Railroad, 118 S. W. 657. There is no direct evidence in the record that the fire was communicated from defendant’s engine. No witness testified that it was.
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Appeal from Holt Circuit Court. — Son. 'William C. Ellison, Judge. The court erred in refusing defendant’s demurrer offered at the close of plaintiff’s case and again at the close of all the evidence. Gibbs v. Railroad, 104 Mo. App. 276; Manning v. Railroad, 119 S. W. 464; Campbell v. Railroad, 121 Mo. 340; Erhart v. Railroad, 118 S. W. 657. There is no direct evidence in the record that the fire was communicated from defendant’s engine. No witness testified that it was. Plaintiff depended entirely upon circumstantial testimony, and this consisted entirely of the evidence of Mr. Whistler that…
1Opinion of the Court
BROADDUS, J. —
This is a suit to recover damages for loss sustained by plaintiff by the burning of his mill and electric plant, alleged to have been set on fire by sparks from one of defendant’s locomotive engines. The plaintiff obtained judgment from which defendant appealed.
As the appellant has taken his appeal upon the sole ground that the respondent was not entitled to recover under the proof, it is necessary to examine all the material evidence in the case for a proper determination of that question.
There is no question that the fire occurred about nine o’clock a.m. June 27, 1907, and…
2Cases cited6 opinions
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Big River Lead Co. v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
- Gibbs v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1904
- Manning v. Cape Girardeau & Chester Railway Co.Missouri Court of Appeals · 1909
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3Cited by4 opinions
- Kennedy v. Minarets & Western Railway Co.California Court of Appeal · 1928
- Hudspeth v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Dawson v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1917
- Simmons v. Kansas City, Clinton & Springfield Railway Co.Court of Appeals of Kansas · 1919