Bedford v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Fifth District Court. The first instruction given by the trial court on its own motion, and commented upon in the opinion of this court, was as follows : “It is the duty of every man to so use his own property as not to cause injury to that belonging to his neighbors ; and the fact of fire escaping from the engine of a railroad company and communicating to the property of others, is a fact to be considered by the jury in determining the question of negligence on…
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Appeal from, Fifth District Court. The first instruction given by the trial court on its own motion, and commented upon in the opinion of this court, was as follows : “It is the duty of every man to so use his own property as not to cause injury to that belonging to his neighbors ; and the fact of fire escaping from the engine of a railroad company and communicating to the property of others, is a fact to be considered by the jury in determining the question of negligence on the part of defendant; and if the jury believe from the evidence that the defendant, its officers or agents or…
1Opinion of the CourtBliss, Judge
The petition contains three counts : one for setting fire to the grass by the side of defendant’s railroad, by means of their running engine, and thereby burning several wheat-stacks belonging to plaintiff; one fur setting fire in the same way, at another time, and burning his oats shocked in the field; and one for running over and killing his hog, their road not being fenced. The only controversy arises upon the first two counts. The case was submitted, under instructions, to'a jury, who gave a verdict for the plaintiff upon each count, upon which judgment was rendered; and we have only to…
2Cases cited2 opinions
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Fitch v. Pacific RailroadSupreme Court of Missouri · 1870
3Cited by7 opinions
- Kennon v. GilmerMontana Supreme Court · 1885
- Coale v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Clemens v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1873
- Central Branch Union Pacific Railroad v. HothamSupreme Court of Kansas · 1879
- Miller v. St. Louis, Iron Mountain Southern Railway Co.Supreme Court of Missouri · 1886
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