Smith v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Buchanan Common Pleas. I. An action does not lie for a reasonable exercise of one’s right, though it be to the injury of another. (Philad. &■ Read. R.R. Co. v. Yeiser, 2 Am. R.R. Cas. 325, and authorities there cited; s. c. 8 Barr, 366; Burroughs v. Housat. R.R. Co., 2 Am. R.R. Cas. 30 ; s. c. 15 Conn. 124; Rood v. N. Y. & Erie R.R.
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Appeal from Buchanan Common Pleas. I. An action does not lie for a reasonable exercise of one’s right, though it be to the injury of another. (Philad. &■ Read. R.R. Co. v. Yeiser, 2 Am. R.R. Cas. 325, and authorities there cited; s. c. 8 Barr, 366; Burroughs v. Housat. R.R. Co., 2 Am. R.R. Cas. 30 ; s. c. 15 Conn. 124; Rood v. N. Y. & Erie R.R. Co., 18 Barb. 80.) The evidence adduced on behalf of the appellant shows beyond a reasonable doubt that the change of engines was manifestly for the better; that there was a great deal less danger from sparks and fire being communicated to property…
1Opinion of the CourtHolmes, Judge
The plaintiff produced evidence showing that in the spring of 1864 his orchard and fences had been destroyed by fire, and .the amount of the damage; that a short time after a train of cars had passed on the railroad, going west, a fire was seen in the dry grass among locust-trees standing thick along the orchard, and some forty or fifty feet north of the railroad ; and that a high wind blowing from the south carried the fire directly into the orchard; that, at the same time, two small boys were engaged in burning piles of cornstalks in several places to the south of the railroad and orchard,…
2Cases cited13 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Baltimore & Susquehanna Rail Road v. WoodruffCourt of Appeals of Maryland · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Longabaugh v. Virginia City & Truckee RailroadNevada Supreme Court · 1874
- Gibbons v. Wisconsin Valley RailroadWisconsin Supreme Court · 1883
25 more not listed; retrieve them via the Exa API.