Cairo, Trumann & Southern Railroad v. Brooks
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; W. J. Driver, Judge; 1. There was no legal evidence to sustain the verdict. The verdict should have been for defendant.
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Appeal from Poinsett Circuit Court; W. J. Driver, Judge; 1. There was no legal evidence to sustain the verdict. The verdict should have been for defendant. Conceding that the occurrence of a fire shortly after the passing of a locomotive may be taken as presumptive evidence that the locomotive set out the fire, the further presumption that it was a case of negligence can not be indulged. 11 Wall. 438; 92 U. S. 281; 100 Id. 693; 113 Mo. 570. 2. One presumption can not be built upon another presumption. 10 Ark. 211; 11 Id. 212; 77 Id. 436; 126 Mo. App. 88. 3. It was error to allow the…
1Opinion of the Court
McCulloch, C. J,
Separate actions were instituted by appellees against appellant to recover damages on account of destruction by fire of a barn, and personal property situated therein, located near appellant’s railroad track, and the two actions were consolidated and tried together, resulting in a verdict in favor of each of appellees for the value of the property destroyed, and also for attorney’s fee in each case.
It is alleged in each of the complaints, and the testimony tends to prove, that the fire was communicated to the barn by a passing engine operated by appellant’s employees. The fire…
2Cases cited5 opinions
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1906
- St. Louis & San Francisco Railroad v. ShoreSupreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. HarrisSupreme Court of Arkansas · 1912
3Cited by7 opinions
- Valley Lumber Co. v. Westmoreland Bros.Supreme Court of Arkansas · 1923
- St. Louis, Iron Mountain & Southern Railway Co. v. Cooper & RossSupreme Court of Arkansas · 1915
- Kansas City So. Rly. Co. v. BeatySupreme Court of Arkansas · 1965
- Helena Southwestern Railroad Company v. CoolidgeSupreme Court of Arkansas · 1925
- Missouri Pac. R.R., Thompson v. CampbellSupreme Court of Arkansas · 1944
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